- (1.) C M No. 75-C of 2016 This application has been filed under Section 5 of the Limitation Act for condonation of delay of 1 day in filing the present appeal. Heard on the application. In view of the reasons mentioned in the application, the present application stands allowed and delay of 1 day in filing the present appeal is hereby condoned. The present appeal has been preferred against the judgment and decree dated 02.09.2015 passed by the learned Additional District Judge, Rewari, vide which the appeal against the judgment and decree dated 31.10.2011 passed by the learned Civil Judge (Sr. Division) Rewari has been partly allowed.
(2.) For the sake of convenience, the status of the parties is being mentioned as in the original suit.
(3.) Plaintiff Smt. Pavitra Devi (respondent no.1) has filed the suit for declaration to the effect that she is owner in possession of the suit land to the extent of 1/ 5th share. The Wills and decrees allegedly executed/suffered by deceased Sardar Singh, her father, in respect of his movable and immovable properties situated in village Shahdat Nagar Jhal and Bhankli and shops situated in Rewari have been got executed fraudulently by defendant no.3 (present appellant). The said will dated 06.10.1998 is illegal against law, null and void and is liable to be set aside. It was further pleaded that defendants no.2 and 3 have further fraudulently got executed another Will dated 15.11.1994 with respect to property no. 3327A/204 situated near Truck Union, Rewari, three shops and one plot situated near Railway Station Kosli in favour of defendant no.13. Defendant no.1 also succeeded in getting the civil court decrees suffered from Sardar Singh in favour of his son Inderjeet Singh (defendant no.14) with respect to the land situated at village Sahadatnagar and Jhal and it was further pleaded that no such Wills were ever executed by deceased Sardar Singh, who died on 30.09.1999 with his free will. Plaintiff Pavitra Devi further pleaded that she was owner in possession of the suit property to the extent of 1 /5th share therein on the basis of the Will dated 15.03.1999 executed by her father Sardar Singh in her favour.;