- (1.) The brief facts of the case are that Wazir Singh filed the suit for recovery of Rs. 1,71,000/-, out of which Rs. 1,20,000/- were towards principal and Rs. 51,000/- towards interest, against Kamla Devi and her son Pawan Kumar.
(2.) The case of the plaintiff is based upon pronote and receipt. The suit was decreed on 26.7.2000. The decree attained finality. Thereafter, he filed execution to recover the said amount. In the execution, the property in dispute was attached by order of the Court.
(3.) The appellants filed objections alleging that the property in dispute belongs to their father Ram Singh, who executed a Will in their favour on 12.6.1996 before he died on 19.12.1996. The plaintiffs had filed the suit for recovery on 12.1.2000. The objections filed by the appellants were contested by the decree holder but the learned trial Court vide its order dated 23.11.2007 allowed the objections holding that title in the property has already been transferred in favour of the objectors by virtue of a Will dated 12.6.1996 much prior to the filing of the suit, therefore, this issue cannot be decided whether the Will was obtained by fraud or not. While allowing the objections, the property was ordered to be released in favour of the objectors.;