GANGA DEVI Vs. KRISHAN LAL AND ORS

JUDGEMENT

(1.) The plaintiff has instituted the present petition against the order of the learned trial Court rejecting his application for amendment of the plaint.

(2.) The plaintiff had instituted a suit in which amendment was prayed for on the pleadings that she is the daughter of Smt.Vidya Devi and defendant No.2 Man Singh is her brother. The deceased Vidya Devi was having agricultural land in which, according to the plaintiff, defendant No.1 Krishan Lal had no right, title and interest. Only she alongwith the second defendant being natural heirs has succeeded to the land/estate of Smt.Vidya Devi. The pleading then proceeds that Vidya Devi was an old lady. She was old, weak, rustic, innocent, illiterate and simpleton lady, who did not possess enough mental faculty to distinguish between what was right or wrong and remained confined to bed for the last more than 20 years before her death. She was totally depended upon other persons. It was only the plaintiff who looked after in these circumstances. She had suffered a paralytic attack because of the death of her young son and was not able to distinguish between right and wrong and remained in constant mental depression as a result of which her mental faculties deteriorated. She did not execute any will/document in favour of any person during her life time. The plaintiff was surprised to learn that the defendants in collusion with the revenue Authorities had manipulated the entries in the revenue record based on some purported will executed by Smt.Vidya Devi on 18.8.1996 on the basis of which the ownership, title etc. were changed the records. This mutation proceeding was also contrary to the law and were carried out in a surreptitious manner. Subsequent pleading is that the sale deed executed is also null and void for the reasons pleaded and that it is for this reason that it does not bind her interest.

(3.) The defendants have filed their written statements, while defendant No.1 had even instituted a counter claim.