The main legal point established in the judgment is the requirement to prove a document under Section 68 of the Indian Evidence Act, and the consequences of failing to do so.

1. This is a second appeal filed by the defendants being aggrieved by judgment and decree dated 13.11.2013 passed in favour of plaintiff by 3rd Civil Judge, Class-II, Mandsaur in Civil Suit No.91-A/2011 affirmed by judgment and decree dated 21.9.2016 passed by District Judge, Mandsaur in Civil appeal No.29-A/2016.

2. Facts of the case giving rise to this second appeal are as under:

(i) Deceased Smt. Taradevi (represented through legal heirs) and defendant no.2 are real brother and sister. Defendant No.1 is wife of defendant No.2. Defendant No.3 is purchaser of suit property from defendant No.1. Late Mohanlal Vaidya and Late Smt. Tarabai are father and mother of plaintiff and defendant No.2. The suit property is half portion of House No.1, Shastri Colony, Mandsaur constructed over the plot having area 1,160 Sq. ft. The constructed area is 775.04 Sq. ft. The said house was of the ownership of Late Smt. Gangabai who died on 25.10.2007. Thereafter, her husband Ramlal had died on 25.1.2008. Late Gangabai executed registered gift-deed dated 26.11.1999 in favour of the plaintiff for the half portion of the suit house mentioned in red colour in the map appended to the suit. The said gift was accepted by the plaintiff. And defendants are not disputing this gift deed. Apart from the aforesaid gift deed, Ramlal and Gangabai both had executed registered Will dated 13.7.2000 bequeathing remaining half portion of the suit house in favour of plaintiff.

(ii) According to the plaintiff, defendant No.1 on the basis of forged gift-deed dated 22.3.2005 executed the sale-deed dated 22.2.2011 in favour of defendant No.3. Said gift-deed is forged and the sale-deed both are illegal and not binding on the plaintiff. On 22.3.2011, defendants No.1 and 2 tried to dispossess the plaintiff, for which, she filed the civil suit for the relief of permanent injunction before the 4th Civil Judge, Class- I, Mandsaur, which is still pending.

(iii) There after plaintiff filed the present suit seeking declaration that sale-deed dated 22.2.2011 and the gift-deed dated 22.3.2005 are illegal and void and not binding on her and also prayed for permanent injunction that the defendants be restrained from interfering into her peaceful possession.

(iv) Defendants No.1 and 2 filed the written statement and did not dispute the gift-deed dated 26.11.1999 in favour of the plaintiff. They denied the Will dated 13.7.2000 in favour of the plaintiff. By way of special pleading, it was submitted that the plaintiff and defendant No.2 being son and daughter of Gangabai are having half-half share in the suit house. Gangabai had executed the registered gift-deed dated 22.3.2005 in favour of defendant No.1 and since then, defendants No.1 and 2 are in possession. On the basis of gift-deed, mutation had also been taken place in the name of defendant No.1. Thereafter, it was sold to defendant No.3 and possession was also handed over, but the plaintiff has removed the lock and kept her luggage in two rooms. Defendant No.1 filed an application for mutation before the Municipal Corporation on 3.3.2006 and the plaintiff had knowledge about it and despite that, she did not file any suit within the period of limitation, therefore, the suit is barred by limitation, hence same is liable to be dismissed.

(v) Defendant No.3 also field the written statement denying the registered Will in favour of the plaintiff and also claimed the possession, but admitted that the plaintiff removed the locks and forcibly taken the possession.

3. On the basis of pleadings, learned trial Court framed seven issues for adjudication, which are as under:-

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4- D;k oknh nkfo;k LFkku ij fof/kd #i ls vkf/kiR;/k