PEELAK RAM GOEL Vs. JAYSU

JUDGEMENT

(1.) This second appeal preferred by the appellant/defendant No. 4 was admitted for hearing on the following substantial question of law :-

(2.) Suit land admeasuring 4.09 acres in total situated at Village Ramtala, Bilaspur was held by Agashia Bai and her daughter Sona Bai. The two plaintiffs Jaysu and Dharam Lal brought a suit on 11/05/2001 for declaration of title and partition stating inter alia that the suit land was originally held by Agashia Bai, who prior to her death on 31/01/1999, executed a Will dated 21/07/1997 (Ex. P/1) in favour of the plaintiffs and alienated half of the suit land in their favour. During the pendency of the suit, defendant No. 1 Sona Bai sold some part of the suit land in favour of one Peelak Ram Goel by registered sale deed dated 17/03/2003, who was later added as a party/defendant No. 4 to the suit at the instance of the plaintiffs by order dated 25/06/2003 passed by the trial Court.

(3.) Defendant No. 1 filed his written statement denying the Will dated 21/07/1997 (Ex. P/1) executed by Agashia Bai in favour of the plaintiffs branding it as a suspicious document and prayed for dismissal of the suit. Defendant No. 4, the subsequent purchaser, also filed his written statement stating that he has purchased part of the suit land from Sona Bai by registered sale deed dated 17/03/2003 and his name has duly been recorded in the revenue records and the appeal of the plaintiffs has been dismissed by the Sub-divisional Officer and the Collector, as such, plaintiffs are not entitled for any declaration and partition.