BHAGOBAI Vs. HUMAN SATNAMI

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by the appellant/defendant No.1 is as under:-­

(2.) The suit property was originally held by Bhagbali Satnami. Defendant No.1 is son of Bhagbali and Ledgi Bai was daughter of Bhagbali. She died issueless in whose name the property stood recorded at the time of her death on 6.4.89. The plaintiff filed a suit that Ledgi Bai has executed a Will dated 8.2.1988 (Ex.P-­2) in his favour out of love and affection for him, he is title-­holder and possession-­holder of the suit land and defendant No.1 be restrained from interfering with the suit land.

(3.) Defendant No.1 filed his written statement and denied the averments made in the plaint stating inter-­alia that he is son of Bhagbali and Ledgi Bai has not executed a Will in favour of the plaintiff and after death of Ledgi Bai the suit property came in the name of defendant No.1, as such, the plaintiff's suit deserves to be dismissed.