BHAGAT SINGH Vs. RAM SINGH AND OTHERS

JUDGEMENT

(1.) C.M. No. 7677-C of 2014

(2.) For the reasons stated in the Civil Miscellaneous Application, which is supported by affidavit of the appellant, delay in refiling of the appeal is condoned.

(3.) Appellant's case before the trial court was that he and respondents No. 2 to 3, namely Ranbir Singh, Dinesh Kumar are sons and respondent No. 4, namely Mithlesh is daughter of respondent No. 1, namely Ram Singh. Pushpa Devi, mother of the appellant and respondents No. 2 to 4 and wife of respondent No. 1 was owner in possession of the suit property. She died intestate on 29.02.2004. Posthumous Pushpa Devi her estate was inherited in equal shares by the appellant and the respondents. On 17.08.2007 the appellant learnt that first respondent, vide judgment and decree dated 04.09.2004, got himself declared as owner in possession of the suit property on the strength of a Will dated 07.11.2003 of Pushpa Devi, which was never executed by her. It was alleged by the appellant that neither the original Will was produced nor was it proved as per provisions of law; he did not appear before the court; did not admit the claim put up on behalf of the first respondent; and his signatures were obtained on the pretext of obtaining "Vakalatnama" for the purpose of an eviction petition.