- (1.)This is a defendant's second appeal arising out of a suit for declaration that the plaintiff is the owner of house No. 1206 Mohalla Devipura, Bulandshahr and entitled to realize rent in respect thereof from the defendants Nos. 2 to 6 who are residing in the house in suit as tenants thereof. The suit was dismissed by the trial court. On appeal, the decree of the trial court was reversed and the suit was decreed. Hence this second appeal.
(2.)The plaint case was that the plaintiff's husband Munshi Nathan Singh was the owner of the house in suit and other movable and immovable properties. He executed a will bequeathing all his immovable properties including the house in suit in favour of the plaintiff who was his nephew and his movable assets in favour of his wife Smt. Chandania, the defendant No. 1.On the death of Nathan Singh, the plaintiff became the owner of the house entitled to realize rent from the tenants, viz., defendants Nos. 2 to 6. Nathan Singh also left revenue paying landed property which too had devolved on the plaintiff under the aforesaid will for which he reserved his right to institute appropriate proceedings in the competent court. Smt. Chandania, the widow, even though having no right, title or interest in the house, started realizing rent from the defendants Nos. 2 to 6. Hence the suit.
(3.)The suit was contested by defendant No. 1, the appellant herein. Her defence was that the will set up by the plaintiff was forged and fictitious and the same had been fabricated by the plaintiff in collusion with the typist and marginal witnesses in order to grab the property of Nathan Singh. Nathan Singh had no occasion to execute any will in favour of the plaintiff as the former had great love and affection for the defendant No. 1 and besides the plaintiff was not related to Nathan Singh. The plea of bar of S.34 of the Specific Relief Act was also noised in the written statement.