MAHILA SUKHDEVI Vs. SOMOTA

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This Second Appeal has been filed against the judgment and decree dated 15-5-2018 passed by Vth Additional District Judge, Bhind in Civil Appeal No. 44/2015, thereby modifying the judgment and decree dated 9-2-2015 passed by 1 st Additional Judge to the Court of 1st Civil Judge Class-I, Bhind in Civil Suit No. 15-A/2014.

(3.) The appellants/plaintiffs had filed a suit for declaration that they have 1/2 share in the agricultural land situated in Mauja Vikrampura and Rampura as well as in the Golden Hamel. Declaration was also sought that the "Will" dated 23-8-1993, Ex. P.9 and "Will" dated 6-8-2002, Ex. P.10, purportedly executed by defendant no.1 Smt. Somota are null, void and ineffective. Permanent injunction was also sought for restraining the defendant no.1 from making alienation of the property in favor of the defendant no.2 or any other person. It was also prayed that the sale deeds dated 13-7-2000, 23-12-2002, Ex. P.5, executed during the pendency of the suit and further sale deeds dated 13-7-2004, Ex. P.6 and 7-2-2005, Ex. P.7 be also declared null and void. It was also prayed that the order dated 16-8-2007, Ex. P.11 and 20-3- 2008, Ex. P.12 as well as the sale deed dated 25-8-2011, Ex. P.8 and 3-9-2011 be also declared as null, void and ineffective.