OM PARKASH Vs. PARKASH CHAND

JUDGEMENT

(1.) PLAINTIFF Om Parkash (since dead) having remained concurrently unsuccessful before the Courts below has approached this Court through the present Regular Second Appeal.

(2.) THE plaintiff filed a suit for possession with regard to house in question. It was claimed by him that the house in question belonged to his wife Tara Devi who had purchased the same through a registered sale deed dated May 14, 1962 from one Sri Krishan son of Shiv Kumar alias Moji Ram. The aforesaid Tara Devi died on July 4, 1980. It was claimed by the plaintiff that prior to her death, Tara Devi had executed an unregistered Will dated June 30, 1980 Ex.P2/A in his favour, on the basis of the aforesaid Will, the plaintiff claimed the ownership and possession of the property in question. The sole defendant arrayed in the plaint is Parkash Chand son of Om Parkash.

(3.) THE defendant contested the suit. He admitted the relationship between the parties but denied that his mother Tara Devi had ever executed any Will on June 30, 1980 in favour of Om Parkash, plaintiff. It was further claimed by the defendant that the aforesaid Will had been fabricated by the plaintiff by playing a fraud upon Tara Devi. It was also stated by the defendant that Tara Devi was suffering from severe Ashthma prior to her death and was under treatment and as a matter of fact had died while under the aforesaid treatment. The defendant also set up a plea of adverse possession claiming that he had become owner of the property by a hostile, continuous and uninterrupted possession.