SANGITA MALVIYA Vs. SANTOSH MALVIYA

JUDGEMENT

(1.) Petitioner has filed the present petition being aggrieved by the order dated 08.01.2016 by which the application under sections 65 & 66 of the Indian Evidence Act was rejected.

(2.) Petitioner/plaintiff being the real sister of respondent No.1 filed a suit for declaration and permanent injunction in respect of plot bearing survey No.213/2, Gram Panchayat, Jetpura, district Dhar. The suit was filed on the ground that the suit property was allotted by the Gram Panchayat, Jetpura to petitioner's mother Smt.Ramkunvarbai and she has constructed a house thereon and later on the same was bequeathed to the petitioner by way of Will.

(3.) Respondents/defendants filed written statement and stated that the plot in question was in fact allotted to him by the Gram Panchayat, therefore, mother had no right to execute the Will in favour of the plaintiff.