NARESH Vs. DEEPAK SINGH

JUDGEMENT

(1.) This order will dispose of RSA No. 966 and 1086 of 2012 as identical questions of law and fact are involved for adjudication. For facility of reference, facts are taken from RSA No. 966 of 2012.

(2.) The present litigation pertains to land left behind by Nafe Singh who died issueless. Said Nafe Singh was son of Bhartu and Bhartu is the 1 of 14 brother of Naubat. Plaintiff Kamla is the daughter of Naubat and Deepak Singh, plaintiff No. 1 is the grand son of Naubat being son of Rajender and nephew of Smt. Kamla. Defendants No. 3 and 4 namely Nirmala and Indra Wati are also daughters of Sh. Naubat. The contesting defendants Naresh and Suresh (appellants herein) are the sons of Mahender who is also collateral of Nafe Singh but degree of ascent of Suresh and Naresh viz-a-viz Nafe Singh is more as compared to plaintiff Kamla.

(3.) The plaintiffs filed the suit claiming inheritance to the estate of Nafe Singh. They challenged judgment and decree dated 2.10.1996 purported to be suffered by Sh. Nafe Singh in favour of defendants No. 1 and 2 and Will dated 15.8.1996 propounded by defendants No. 1 and 2 to be executed by Sh. Nafe Singh. It is contended that Nafe Singh was an illiterate person and he did not have rational thinking as he was not of sound disposing mind. Defendants No. 1 and 2 exercised undue influence on deceased Nafe Singh and fraudulently obtained decree dated 2.10.1996 and Will dated 15.8.1996. No family settlement was arrived as alleged in Civil Suit No. 960 of 1996 titled "Suresh and others vs. Nafe Singh". Nafe Singh neither appeared before the court nor engaged a counsel nor filed written statement and made statement before the court admitting claim of defendants No. 1 and 2. The impugned decree was obtained on the basis of impersonation. Defendants No. 1 and 2 had no pre-existing right in the suit property and the decree is not a registered document.