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1975 Supreme(All) 83

M.P.MEHROTRA
JAGDISH – Appellant
Versus
RAJENDRA – Respondent


Advocates Appeared:
A.K.BANERJEE, K.B.L.GAUR, Santosh Kumar,

This second appeal arises out of a suit for declaration and injunction. The plaintiff prayed for a declaration that the will dated 3rd July, 1963, executed by Ram Saran in favour of the defendant is void. He also prayed for an injunction restraining the defendant from interfering with the plaintiffs possession over the land in suit. The brief facts are these : The plaintiff-respondent claimed that he was the adopted son of Ram Saran deceased. The defendant, Jagdish, happened to be the daughters son of the mother of Ram Saran. The said defendant set up a will dated 3rd July 1963, alleged to have been executed by Ram Saran in his favour and the plaintiff came to know about this will in the mutation proceedings. The plaintiff claimed that no such will was really executed and the one in question was forged and it was obtained by fraud and undue influence. The plaintiff claimed to be in possession of the property of Ram Saran as an adopted son. As he felt aggrieved with the alleged will and the claim which the defendant was setting up on the said basis, therefore, he filed a suit for declaration and injunction. It may be stated that the relief for injunction was claimed on the ground th






























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