wherein, the legality of the document of the Will was considered by the Court, wherein, a definite finding was given that the Will has not been proved. In the case on hand, when the plaintiff sought for the relief of declaration seeking cancellation of sale deed as well as the Power of Attorney, in order to prove that the said two documents are obtained by playing fraud, the plaintiff has to place the material before the Court. In order to substantiate that those documents are created and concocted except examined the plaintiff herself not placed any material before the Court and also not examined any witnesses, only relies upon documents – Exs.P1 to P10. When the specific relief is sought for cancellation of the sale deed and also the power of attorney, the plaintiff has to establish that the sale deed is executed in favour of defendant No.2 based on the power of attorney executed in favour of defendant No.1 by Jacob Lobo, to prove the fact that the very power of attorney is concocted and no material had been placed before the Court. Hence, both the Courts came to the conclusion that the plaintiff has not proved the same to grant the relief of declaration.
