Darshan Singh, J. - (1.) The present appeal has been preferred against the judgment and decree dated 09.07.2014 passed by the learned Additional District Judge, Palwal, vide which the appeal preferred against the judgment and decree dated 25.05.2011, passed by the learned Civil Judge (Jr. Division), Palwal, has been dismissed.
(2.) For the sake of convenience, the status of the parties is being mentioned as in the original suit.
(3.) The appellants -plaintiffs have filed the suit for declaration and permanent injunction on the grounds inter alia that Chimman, the father of appellants -plaintiffs and respondent -defendant no.1 was owner in possession of the land in dispute as detailed and described in para no.1 of the plaint situated at village Rajupur Khadar, District Palwal. He was the karta of the Joint Hindu Family. The plaintiffs and defendant no.1 were the co -parceners. The land in dispute was ancestral property. Appellants and respondent no.1 have got right, title and interest in the suit property by birth. After the death of Chimman, which occurred on 28.03.2004, the plaintiffs and defendant no.1 were entitled to inherit the 1/3rd share each and they are owners in possession thereof. It is further pleaded that defendant -respondent no.1 procured a fabricated will in favour of defendants no.2 and 3 from their father Chimman and got it registered on 23.02.2004. Deceased -Chimman was 80 years of age. He was suffering from various diseases. He was having a weak eyesight and was hard of hearing. Defendant no.1 took benefit of the weakness of Chimman. He played fraud upon him and procured the Will by way of misrepresentation. The Will was got executed in collusion with the witnesses. Deceased -Chimman was not competent to execute the Will with respect to the ancestral property. The beneficiaries of the Will have also taken the active part in preparing the alleged Will. Thus, they pleaded that the Will in dispute was illegal, null and void. Hence the suit.;