P.C. Agrawal, J. - (1.)Appellants on 25-4-1989 filed a civil suit for declaration that the Will dated 9-1-1982 allegedly executed by late Smt. Nanhibai in favour of Respondent is forged, fabricated and void and for possession of Khasra No. 80/1, area 8.81 acres, in village Bharkawari, Tahsil and District Betul (to be called as suit land).
(2.)Suit land was owned by late Dina. On his death in the year 1937-38 the land was inherited by his widow Smt. Nanhibai. Smt. Girjabai was daughter of late Dina. Appellants are sons and daughter of late Smt. Girjabai. Late Smt. Girjabai and Appellants used to reside at Jabalpur.
(3.)As per plaint, late Smt. Nanhibai was mother of late Smt. Girjabai. She was an old and infirm lady of about 86 years of age at the time of her death on 5-3-1982. She was ill and confined to bed and was not in full senses. She was being looked after by her servant Manorilal (PW 3) who used to cultivate the suit land. The Appellants with their mother Smt. Girjabai had gone to village Bharkawari to look after the old lady but could not stay there for long. After death of Smt. Nanhibai the Appellants' mother Smt. Girjabai could come to know that the Respondent had got mutated his name in revenue papers. It was learnt that a Will was created by him to support his claim. Despite objections of the Appellants revenue Courts did not enter their names. The Respondent has taken forcible possession of the suit land. Late Smt. Nanhibai had never executed any such Will which is null and void and a fictitious document.