SHANTIDEVI Vs. SHANTI DEVI

JUDGEMENT

(1.) Present second appeal under Sec. 100 of CPC has been filed against the judgment and decree dtd. 19/1/2010 passed by Additional District Judge, Gohad, District Bhind (M.P.) in Civil Appeal No. 12/2009 affirming the judgment and decree dtd. 30/1/2009 passed by the Civil Judge, Class-I, Gohad, District Bhind in Civil Suit No.40-A/2007 by which the suit of appellants was dismissed and counter claim of the respondent/defendant was allowed.

(2.) Factual matrix of the case, in brief, are that appellants/plaintiffs had filed a Civil Suit No.40-A/2007 for declaration of Will dtd. 29/12/2004 to be forged and void ab-initio and permanent injunction before the Court of Civil Judge, Class-I, Gwalior, stating therein that the disputed land bearing survey numbers as described in the plaint are situated at Village Karvas, Tahsil Gohad, District Bhind. It is further submitted that apart from the aforesaid survey numbers, some rooms and one hall has been constructed adjoining the land thereof some open space/land which was remained in title and possession of Smt. Durgadevi W/o Udaibhan Shigh, R/o Karvas, who was issueless and had been expired on 14/12/2005. It was further pleaded that plaintiffs/appellants are family member of deceased-Durgadevi and Udaibhan Singh. As deceased late Smt. Durgadevi had expired left behind the disputed land, as such being family members/successors/blood relatives, they are in possession of the disputed land and are entitled to be declared as owner of the disputed land. The appellants/plaintiffs further pleaded in the plaint that the ancestor of the plaintiffs and ancestor of Udaibhan Singh were same and whose name was Ranchhor Singh. As per Plaintiffs the family tree to show the relationship between ancestor of plaintiffs and Udaybhan Shigh is as below :

(3.) It is further pleaded that on the basis of above family they are legal heirs and blood relatives of late Smt. Durgadevi. It was further stated in the plaint that the aforesaid disputed land was received by Smt. Durgadevi from her husband. Hence, it is an ancestral property of the appellants/plaintiffs and in view thereof they are in possession of the disputed property since the life time of Smt. Durgadevi. After death of Smt. Durgadevi, they started proceedings for mutation before the Tahsil Court, thereupon, the defendants came in the village on 2/1/2006 and tried to disposes the plaintiffs/appellants from disputed land and stated that they have started proceedings of mutation of disputed land by their names on the basis of so called Will, whereas, late Smt. Durgadevi has never executed any Will in favour of any person. The defendants themselves have prepared forged so-called Will. In such circumstances, it was prayed that the plaintiffs no. 1 and 2 be declared as owner of 1/3rd, plaintiffs No. 3 to 7 be declared as owner of 1/3rd and plaintiff no.5 be declared as owner of 1/3rd of the disputed land and the so called Will be declared forged and void, ab-initio against the rights of the plaintiffs.