LEHJA BAI Vs. SEWANTI BAI

JUDGEMENT

(1.) Leave granted. Heard. This appeal is by the defendants in a suit for partition and separate possession filed by first respondent.

(2.) This appeal arises out of a suit for partition. One Ganaram and his son Sahdeo constituted a joint family. Lehja Bai was the wife of Ganaram and mother of Sahdev. Ganaram and Lehja Bai had four daughters in addition to their only son Sahdeo. Sahdeo died intestate in the year 1972 issueless survived by his wife Sewanti Bai. Ganaram died in the year 1986.

(3.) Sewanti Bai filed a suit for partition and separate possession of her share in the joint family properties, in the year 1989. She impleaded her mother-in- law Lehja Bai as the first defendant, four sisters-in-law as defendants 2 to 5 and the State of Madhya Pradesh as defendant No. 6. Defendants 2 to 5 resisted the suit inter alia on the ground that the deceased Ganaram had left a will dated 22.2.1983 bequeathing the suit properties in their favour.