TULSI RAM CHAUDHARY Vs. VINOD BAJORIA

JUDGEMENT

(1.) The instant petition is directed against the order dated 3.4.2018 by which the trial court in SCC Suit No.2 of 2010 has allowed the application filed by plaintiff No.1 Vijay Bajoria (the sole respondent herein) for deletion of name of plaintiff No.2, Smt. Ramsakhi Bajoria from the plaint, she having died on 18.7.2016. According to plaintiff No.1, his father Vishwanath Bajoria left behind a will dated 20.5.2004 by which he bequeathed the disputed property in favour of the plaintiffs. The will specifically provided that after death of plaintiff no.2, the property will devolve exclusively in favour of plaintiff no.1. Consequently, plaintiff No.1 prayed for an endorsement being made against name of plaintiff No.2 that she had since died and for consequential amendments.

(2.) The application filed by plaintiff no.1 was opposed by the defendantpetitioner on the ground that the will set up by plaintiff No.1 is a forged document. It is also not registered, therefore, no reliance can be placed upon it. Although the petitioner did not dispute that the original owner and landlord of the premises was Vishwanath Bajoria but he claimed that after death of his widow (plaintiff no.2), his two daughters are liable to be substituted in her place.

(3.) The court below declined to go into the issue relating to validity of the will on the ground that in a suit of small causes nature, question of title cannot be decided. It accordingly allowed the application filed by plaintiff no.1.