VINOD KUMAR Vs. HARI SINGH

JUDGEMENT

(1.) One Jati Ramexecuted three Wills-the first dtd. 11/2/2018 (Mark-A) in favour of the plaintiff, the second dtd. 24/2/2009 (Ex.DW-3/A) in favour of the defendant and the third dtd. 24/11/2009 (Ex.PW-8/A) in favour of the plaintiff. He also executed a Cancellation Deed (Mark-C) cancelling the Will executed in favour of the defendant. The revenue authorities attested a mutation no. 507, dtd. 28/1/2011 in favour of the defendant based on the Will dtd. 24/2/2009.

(2.) The plaintiff felt aggrieved from the attestation of the mutation and he filed a civil suit seeking a declaration that the Will dtd. 24/2/2009 and mutation No. 507, dtd. 28/1/2011 in favour of the defendant were null and void whereas the Will executed in his favour dtd. 24/11/2009 is valid.

(3.) The defendant opposed the suit by filing a written statement denying the contents of the plaint. He also filed a counterclaim seeking a declaration that the Will executed in favour of the plaintiff dtd. 24/11/2009 was null and void whereas the Will executed in his favour was valid. He also claimed that Jati Ram had not executed any cancellation deed.