Amit Rawal, J. - (1.) For the reasons stated in the application, duly supported by an affidavit, delay of 36 days in filing the appeal is condoned. C.M. stands disposed of. RSA No.845 of 2016 (O&M)
(2.) The appellant-plaintiff is aggrieved of the concurrent findings of facts and law, whereby, suit filed in the year 1999 challenging the judgment and decree dated 19.08.1988 executed by Manga Singh in favour of the defendants and as well as, Will dated 03.02.1997 though registered later on, has been dismissed by both the Courts below.
(3.) Mr. Rajesh Narang, learned counsel appearing on behalf of the appellant-plaintiff submits that Manga Singh son of Machhian Singh was married to one Khushian Bai and out of their loin, appellant-plaintiff, Veeran Bai was born. Manga Singh was not keeping good heath as he died on 06.02.1997 and therefore, the Will dated 03.02.1997 bequeathing the part of property in favour of the defendants was suffering from suspicious circumstances. The judgment and decree aforementioned pertains to the other part of the property, of which, no Will was executed. Defendants No.2 to 7 allege themselves to be the children born from the loins of Manga Singh and Maya Bai - defendant No.1. According to the defendants, Maya Bai was earlier wife of Arjan Singh, brother of Manga Singh, who died on 28.01.1955 but the defendants have failed to prove the kreva marriage. The judgment and decree was suffering from the fraud and misrepresentation having been played upon Manga Singh.;