SUDIP AHLUWALIA, J.

1. This Appeal has been preferred against the impugned Judgment and Decree passed by the Ld. Addl. District Judge, Mewat in Civil Appeal No.57 of 2014 dated 13.1.2015, vide which the original Judgment & Decree passed by the Ld. Civil Judge (Junior Division) Mewat in Civil Suit No.18 of 2010 dated 16.8.2014 against the present Appellants/Defendants was set aside.

2. The Suit had been filed by the Respondent Smt. Bimla who happens to be the daughter of deceased Bhagwani Devi, who was the owner and in possession of 2/9th share in the suit land situated within the revenue estate of Tauru, Tehsil Tauru, District Mewat more fully described in Para No.1 of the Plaint. Now according to the Plaintiff/Respondent, her mother transferred 1/9th share of her aforesaid share in the suit land in favour of her other daughter Smt. Ombati and left the remaining 1/9th share for the Plaintiff. It may be mentioned that the specific pleadings of Plaintiff in this regard are noted in Para No. 2 of the original Plaint, which are set out below -

"2. That previously the mother of the plaintiff, Smt. Bhagwani, was owner and in possession of 2/9th share in the suit land detailed in para No.1 of the plaint and she transferred her 1/9th share in the suit land in favour of her daughter Smt. Ombati and remaining 1/9th share left by her for the plaintiff. Because Smt. Bhagwani was succeeded by her two daughters, one Smt. Ombati and plaintiff and there is no other legal heir/successors in interest of deceased Smt. Bhagwani except the plaintiff and her sister Smt. Ombati."

3. Thereafter according to the Plaintiff/Respondent, taking advantage of the old age of her mother Smt. Bhagwani Devi, the Appellants/Defendants on 20.6.2007 took her for Eye Check-up and they secretly obtained her thumb impressions on some blank papers, and thereafter by playing fraud and cheating, fabricated a false and forged Will, bearing Vasika No.37 dated 20.6.2007 in respect of 1/9th share of Smt. Bhagwani Devi in their favour. It is noteworthy that in the relevant Para No.3 of the Plaint, the Respondent/Plaintiff did not make any hint as to how her mother Smt. Bhagwani Devi was acquainted with the Defendant/Appellants, or whether there was any relationship between her and the Defendants. On the other hand in the same Paragraph thereafter, according to the Plaintiff/Respondent, her mother Bhagwani Devi actually executed a registered Will, bearing Vasika No.30/3 dated 23.4.2008 in her favour, and in which she clearly stated that 'the same is her first and last Will.' Therefore according to the Plaintiff, it becomes clear that her mother never executed the earlier Will dated 20.6.2007, which was not even in her knowledge at the time of execution and registration of her Will dated 23.4.2008 on account of which, the impugned Will relied upon by the Appellants/Defendants is liable to be set aside, cancelled, being a false and forged document.

4. Furthermore according to the Plaintiff/Respondent, after the death of her mother, she visited the Tehsildar Office, Tauru and moved an Application dated 5.11.2009 for entering the said registered Will, bearing Vasika No.30 dated 23.4.2008, which was forwarded to the Halqa Patwari for incorporation in the revenue record to enter in the Mutation in favour of the Plaintiff. But the Halqa Patwari in collusion with the Defendants wrongly, illegally and in contravention of the direction of the Tehsildar, Tauru incorporated the impugned Will dated 20.6.2007, vide Mutation No.12954 in their favour, which fact was kept concealed from the Plaintiff. However, the Defendants subsequently threatened to dispossess her from the suit land on the strength of the aforesaid false and forged Will. The Plaintiff repeatedly requested them to admit her as true owner to the disputed suit land, but the Defendants refused to do so. Thereafter, the Plaintiff came to know about the false and forged Will dated 20.6.2007 in the month of January 2010 when