RAMESH CHAND & ANR Vs. KANHI BAI

JUDGEMENT

(1.) This second appeal under Section 100 CPC has been filed against the judgment and decree dated 20.1.2009 passed by Additional District Judge, Baran in Civil Regular Appeal No. 05/2007 confirming the judgment and decree dated 29.9.2005 passed by Civil Judge (Senior Division), Baran in Civil Suit No. 68/2004.

(2.) The short facts of the case are that plaintiff respondent filed a suit for permanent injunction and declaration that the Will dated 2.7.99 is forged one. It is alleged that deceased Gopali Bai has executed a Will in favour of appellants on 2.7.99 which is forged one and declaration and permanent injunction has been sought. The appellants have specifically pleaded that Will is not forged one as it is registered, they are in possession of the property, hence the suit be dismissed. The court below has decreed the suit and passed the decree of declaration in favour of plaintiff respondent, appeal has been preferred which is also dismissed, hence this second appeal.

(3.) The contention of the appellants is that both the courts below have not considered the gravity of the matter. There is a non-reading and misreading of the material on record. Reliance has wrongly been placed on witness of the plaintiff and gross illegality has been committed by the courts below hence the appeal be allowed.