SAMARJEET Vs. YUDHVIR

JUDGEMENT

(1.) Defendant is in second appeal against the judgment and decree passed by lower Appellate Court dated 28th of August, 2017 whereby judgment and decree passed by Civil Judge (Junior Division), Rohtak dated 31st of March, 2014 stands reversed allowing the appeal preferred by the plaintiff.

(2.) Parties to the suit are brothers fighting for the estate left by their father Dilawar Singh. For convenience, the parties hereinafter are referred to by their original position in the suit i.e. the appellant as the defendant and the respondent as the plaintiff.

(3.) Plaintiff filed suit seeking decree of declaration with the consequential relief of mandatory injunction claiming that Dilawar Singh father of plaintiff as well as defendant was owner in possession of ancestral agricultural land and other moveable and immoveable properties as mentioned in Para No.1 of the plaint. Dilawar Singh was residing with defendant and his wife, who used to exercise undue influence over him. Defendant in collusion with officials of the office of the Registrar, forged and fabricated Will dated 26th of July, 2007 registered vide Vasika No.921 dated 3rd of February, 2009 in his favour. The same being result of fraud, the forged and fabricated Will needs to be declared illegal, null and void and the same has no effect on the right of the plaintiff being legal heir of Dilawar Singh.