ALKA DHAWAN Vs. SUNIL DHAWAN

JUDGEMENT

(1.) By way of present appeal, challenge has been laid to the order dtd. 23/3/2018 passed by the Court of Additional District Judge, Chandigarh, whereby the judgment and decree dtd. 10/3/2014 passed by the learned Civil Judge, (Junior Division), Chandigarh was set aside and the case was remanded back to the trial Court to decide the suit afresh after affording two opportunities each for evidence to both the parties.

(2.) Briefly stating, appellant No.1 being plaintiff filed a suit for declaration challenging the validity of Will dtd. 20/12/2001 with respect to property bearing H.No. 627, Sector 36B, Chandigarh, allegedly executed by deceased Sh.Tilak Raj Dhawan in favour of defendants/ respondents No.1 and 2 by alleging it to be a fraudulent transaction. Admittedly, the parties happen to be closely related to each other. Plaintiff/ appellant No.1 is the daughter-in-law of deceased Tilak Raj Dhawan being the widow of his pre-deceased son, namely, Sh. Ravinder Dhawan. Appellant No.2/ defendant No.3 and respondent No.3/ defendant No.4 are the two daughters of deceased Tilak Raj Dhawan; whereas respondents No.1 and 2/ defendants No.1 and 2 are the son and daughter-in-law of deceased Tilak Raj Dhawan.

(3.) The learned trial Court vide judgment and decree dtd. 10/3/2014 decreed the suit filed by appellant No.1/ plaintiff while discarded the Will dtd. 20/12/2001, primarily on the ground that the same was surrounded by suspicious circumstances and resultantly, appellant No.1/ plaintiff was held entitled for 1/4th share out of the subject property i.e. House No. 627, Sector 36B, Chandigarh on the basis of natural succession. Further, defendant No.5/ respondent No.4 was restrained from transferring the property in question on the basis of said Will, in the name of the beneficiary i.e. respondent No.1/ defendant No.1.