Indermeet Kaur, J. - (1.) THIS appeal has impugned the judgment and decree dated 30.03.2009 which has endorsed the finding of the trial judge dated 25.08.2005 whereby the suit filed by the Plaintiff, Smt. Munni Devi, seeking declaration and permanent/mandatory injunction claiming her share in the will dated 19.06.1990 of her deceased father -in -law had been decreed in her favour. A decree of declaration had been passed declaring that the portion/share of the suit property as per the will dated 19.06.1990 was owned by the Plaintiff; Defendant was restrained from dispossessing the Plaintiff from her share in the suit property and interfering in her peaceful possession in the suit property.
(2.) THE case of the Plaintiff was that her father -in -law had expired on 21.06.1990; he had left behind a will dated 19.06.1990. As per the said will, the suit property owned by her deceased father -in -law was to be shared amongst the legal representatives. The husband of the Plaintiff had also expired on 01.05.2000. The Defendant, who was her brother -in -law, had forcibly dispossessed the Plaintiff from the suit property. He was further threatening her. The present suit was accordingly filed. In the written statement, it was stated that the deceased Gainda Ram was the absolute owner of the property i.e. property bearing No. 79/A -10, Gali No. 3, Gurunanak Pura, Delhi -92. It was his self acquired property. He died leaving behind two sons and two daughters. An earlier suit had been filed by the husband of the Plaintiff during his lifetime; that suit had been compromised on 04.09.2001 and the suit had been permitted to be withdrawn on an application under Order 23 Rule 1 of the Code of Civil Procedure (hereinafter referred to as 'Code'). The present suit has been filed belatedly after 10 years.
(3.) ON the pleadings of the parties, following six issues were framed: 1. Whether suit of the Plaintiff is without bearing cause of action? OPD 2. Whether Plaintiff has not come with clean hands and conceal the material facts? OPD 3. Whether father -in -law of the Plaintiff as well as Defendant executed a WILL dated 19.06.1990 in favour of Shri. Jai Prakash, Shri. Rajesh and Smt. Ram Pyari? OPP 4. Whether Plaintiff is entitled for decree of declaration? OPP;