- (1.) This intra-court appeal is directed against order of the learned Single Judge dated 18.10.2016.
(2.) The brief facts which are relevant for the purpose are that late Ram Singh, who was father-in-law of the present appellant-Smt. Premwati @ Prem Kumari w/o Late Shivlal (elder son of Ram Singh) executed the alleged Will on 02.02.1982 in favour of late (Shivlal. The appellant's husband, Late Shivlal, filed a suit seeking declaration with regard to the subject land in question bearing Khasra No.14 measuring 2.7, Khasra No.15 measuring 1.9, Khasra No. 16/1.8, Khasra No. 613/0.12, Khasra No. 615/1.6, Khasra No. 616/0.1, Khasra No.619/0.12, Khasra No. 646/2.4, Khasra No. 805/0.7 measuring 11 bigha 6 biswa situated in Village Gudawali, Tehsil Nadbai, District Bharatpur, as indicated in the alleged Will, in the court of SDO No.1 Bharatpur alleging that the father of Shivlal viz. Ram Singh had executed a Will in his favour and all legal formalities for its execution have been complied with, a declaration be made in his favour and he may be recorded as a Khatedar of the aforesaid subject land in question.
(3.) It may be noticed at this stage that late Ram Singh, who is the testator of the Will, had two sons, one daughter and his wife. Before this Court, the appellant/plaintiff in the present proceedings is the wife of late Shivlal (eldest son of the testator of the Will-Ram Singh) and the impleaded respondent-defendants are Smt. Malti Devi a widow of testator Ram Singh, the younger son of the testator Ram Singh and since his daughter died during pending of the proceedings, her legal representatives have been impleaded as the respondents. A litigation is going on since 1982 within the family members regarding execution of the alleged Will between the beneficiaries qua rest of the members of the family. On the pleadings of the parties, the learned court of SDO, Bharatpur framed as many as 7 issues and since in the written statement filed by the respondents/defendants in the suit, one of the issue framed was that the alleged Will on the basis of which, the plaintiff has approached the Revenue Court for declaration, was the forged Will and no such Will was ever executed by late father of defendants.;