RADHA BAI Vs. GOUKARAN SINGH

JUDGEMENT

(1.) THIS is defendant's second appeal against the judgment and decree dated 31-12-2005 passed by the Additional District Judge, Bemetara in Civil Appeal No. 24-A/2004 whereby and where under the judgment and decree dated 27-8-2004 passed by the trial Court has been set aside and plaintiffs suit has been decreed. Brief facts of the case are as under :-

(2.) TRIAL Court dismissed plaintiffs suit finding inter alia : Chandravati Bai executed a will dated 18-10-2002 in plaintiffs favour; will is not valid; plaintiff failed to prove defendant Radha Bai is having any title or interest over the suit property described in schedule; also failed to prove order passed by the revenue court in the Revenue Case No. l-A/6 year 2000-01 is illegal.

(3.) INSTANT second appeal was admitted for hearing on the following substantial question of law: -