RAJENDRA KUMAR Vs. ARORA KHATRI SAMAJ

JUDGEMENT

(1.) This appeal under Section 96 CPC is directed against judgment and decree dated 18.7.2020 passed by Additional District Judge, Bali, District Pali, whereby, the suit for declaration and possession filed by the respondent - plaintiff has been decreed.

(2.) The suit was filed by the plaintiff - Arora Khatri Samaj and others for declaration of ownership and possession. It was inter alia claimed in the plaint that a plot alongwith a house situated at Rani Station is owned by the plaintiffs. Initially, the suit property belonged to Late Bansidhar S/o Mangilal Ji Arora, who had purchased it vide registered sale deed dated 3.10.1974. As Late Bansidhar Ji had no child and his wife had died during his lifetime, vide registered Will dated 9.6.1994, the suit property was bequeathed to the plaintiff - Arora Khatri Samaj ('the Samaj') and possession was also handed over. It was indicated that on the suit property since 1994, the Samaj has been performing several religious cultural programs during the lifetime of Bansidhar Ji.

(3.) It was alleged that defendants No.1 and 2 were with malafide intentions, seeking to usurp the property, the defendants were brother and nephew of Bansidhar Ji, they got his signatures on blank papers, which when came to the notice of Bansidhar Ji, he again executed a Will dated 28.5.1997 reiterating the validity of Will dated 9.6.1994 indicating the illegal activities of the defendants and declaring that the defendants would not have any right in the property and if any document has been executed, the same would be void.