MOTILAL AGRAWAL Vs. SHIV KUMAR AGRAWAL

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 one Pariman Gond. He is said to have executed a Will in favour of defendant No.1 on 24.1.1991. The plaintiffs and the defendants are brothers and sisters. Five plaintiffs filed a suit that they are joint owners of the suit property and defendant No.1 be restrained from using the property exclusively.

(3.) Defendant No.1 filed his written statement and denied the averments made in the plaint stating inter-alia that the suit property was earlier held by Alimana Uraon who sold the same to one Parbhan Gond on 20.12.1978 and Pariman Gond had executed a Will in his favour on 24.1.1991 and thereby he became owner of the suit property.