CHOUDHARI Vs. RAMKARAN

JUDGEMENT

(1.) This second appeal preferred by the appellants/plaintiffs was admitted for hearing on the following substantial question of law :­

(2.) The suit land shown in Schedule 'A' annexed with the plaint was originally held by one Jhulan Rajwar, who acquired patta of suit land in his favour in Surguja Settlement. During his lifetime, he remained in possession of the suit land and died issueless leaving behind his wife Sonmet. It is the case of the plaintiffs (sons of Budhu Rajwar) that since Jhulan Rajwar was issueless, he adopted his nephew Ramcharan's son namley Budhu Rajwar (plaintiffs' father) and also executed a Will dated 05/03/1942 (Ex. P/4) in his favour in the presence of two witnesses and after the death of Jhulan Rajwar, Budhu Rajwar came into possession of the said suit land by way of the Will (Ex. P/4) which defendants No. 1 to 6 refuted by stating that after the death of Jhulan Rajwar his wife Sonmet executed a gift deed in favour of Rangu i.e. defendants' predecessor­in­ interest on 21/5/1962 registered on 22/05/1962, as such, plaintiffs' suit deserves to be dismissed.

(3.) Learned trial Court, upon appreciation of oral and documentary evidence on record, dismissed the suit by its judgment and decree dated 11/07/2008 holding that plaintiffs have failed to prove the Will in accordance with Section 63(c) of the Indian Succession Act, 1925 read with Section 68­69 of the Indian Evidence Act, 1872.