RAM DAS Vs. MAHESH SINGH

JUDGEMENT

(1.) THIS second appeal is Filed by the defendant No. 1 against the judgment and decree dated 11-3-1998 passed by Third Additional District Judge Bhind in civil Appeal No. 2-A/97, whereby learned Additional District Judge affirmed the judgment and decree of the Trial Court dated 7-1995 passed by the Civil judge Class I Lahar in Civil Suit No. 27-A/93 by which suit of the respondent No. 1 was decreed.

(2.) BRIEF facts of the case are that the agriculture land of Survey No. 16 area 0. 888 hectare, Survey No. 263 area 0. 063 hectare and survey No. 429 area 0. 261 hectare, situated in Village Asokhar, Tehsil Mehgaon, District Bhind was owned and possessed by Ramdin s/o Bhavsingh who died issueless on 29-5-1982. Ramdin Singh during his life time executed a will dated 24- 5-1982 (Exh. P-l) in favour of the respondent No. 1 Mahesh Singh. The Will was got registered thereafter on 3-6-1982 before the Sub Registrar, Mehgaon. The respondent No. 1 filed a suit for declaration of title and permanent injunction on the ground that ramdin Singh was uncle of his father Mahendra Singh and he was residing with them and it is he who was cultivating the land of Ramdin Singh. After his death on the basis of Will he being the only successor of Late Ramdin Singh is having title over the suit property. On 14-6-1982 the appellant tried to dispossess the respondent No. 1 from the suit land and therefore, he filed a suit for declaration to declare him as owner of the suit land and restrain the appellant from interfering with his possession.

(3.) THE appellant-defendant No. 1 filed his written statements denied the averments made in the plaint and submitted that Ramdin was his paternal uncle and no Will was executed by him during his life time and the Will dated 24-5-1982 is a forged Will prepared with collusion with the relatives of the respondent No. 1 to grab the property of Ramdin Singh, after his death and further that at the time of execution of Will was not proved as required under section 63 of the Indian Succession Act, 1925.