PHOOL WATI Vs. JAI KAUR

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiff Smt. Phool Wati, had brought a suit against defendants Smt. Jai Kaur and others seeking a declaration that parties to the suit are legal representatives and heirs to the estate of Sish Ram s/o Not Ram, who was owner in possession of ancestral agricultural land measuring 107 kanal 2 marla situated within revenue estate of Gharshan, District Gurgaon.

(2.) As per version of the plaintiff, land of Sish Ram was acquired by State of Haryana, vide award No. 11 of 1989 for establishing Sector 32 and vide award No.8 of 1993, for Sectors 44 and 46. Out of compensation received by Sish Ram he had purchased some more land in village Anwal Tehsil and District Rohtak. That the 1 of 9 amount of compensation received by Sish Ram is deposited in savings bank account No. 22665 of Punjab National Bank, Near Chawla Bus Stand, Najafgarh, New Delhi and some FDRs have been got created out of the amount deposited with the Punjab National Bank, Near Chawla Bus Stand, Najafgarh and Canara Bank, Old Railway Road, Gurgaon. Sish Ram died on 24/6/2003 at Delhi. That a suit for permanent injunction was filed on the basis of alleged Will dtd. 15/5/2003 titled Smt. Jai Kaur vs. Smt. Patashi and others which is pending in the Court of Senior Sub Judge, Delhi.

(3.) In the civil suit so filed, the plaintiff had challenged the Will dtd. 15/5/2003, on the ground that it was a result of fraud and impersonation etc., for the reason that Sish Ram used to live at Najafgarh, whereas the Will is alleged to be executed at Gurgaon. Sish Ram was aged about 97 years; the Will was not attested by any witness of the locality; that Sish Ram was not having sound disposing mind and he was an illiterate person; that no reasons have been given to exclude the daughters; that the will was an act of impersonation employed by Jai Kaur and other beneficiaries.