SUBHASH SHARMA Vs. SAHRDA BAI

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/defendants under Sec. 100 of the Code of Civil Procedure, 1908 against the judgment and decree dtd. 6/2/2014 passed by the First Additional District Judge, Bhind in Civil Appeal No.1-A/2014 whereby the judgment and decree dtd. 18/12/2013 passed by the Civil Judge Class -I, Mehgoan District Bhind in Civil Suit No.80-A/2012 has been reversed.

(2.) Factual matrix of the case are in brief are that respondent No. 1/plaintiff- Smt. Saharda Bai W/o Ram Naresh filed a civil suit for declaration and permanent injunction before the Civil Court, Mehgaon and pleaded that Smt. Ram Katori Bai who is her mother-in-law and mother of appellants executed a Will dtd. 22/7/2008 in favour of plaintiff /respondent No. 1 and got it registered in the Office of Sub Registrar, Mehgaon and the same was duly attested by two witnesses namely Ram Sevak S/o Kashiram Gupta and Satendra Sharma S/o of Lajja Ram Sharma. She has also pleaded that property which was subject matter of Will was inherited by Smt. Ram Katori from her ancesters.

(3.) The appellants/defendants appeared before the trial Court and filed their written statement and denied the claim of the plaintiff and further submitted counter claim in their written statement that their mother- Smt. Ram Katori Bai also executed a Will dtd. 23/7/2008 which is the last Will of the testator and the same was also duly attested. Issues were framed and evidence was led by the parties. After considering the submissions and evidence of parties, the learned trial Court dismissed the suit as well as counter claim of the defendants holding that both the Wills are found to be suspicious because the statements made by the witnesses are contradictory and doubtful regarding the execution of aforesaid Wills.