SHANKAR PRASAD Vs. RADHESHYAM

JUDGEMENT

(1.) This second appeal preferred by the appellant/plaintiff was admitted for hearing on 06/01/2021 by formulating the following two substantial questions of law :-

(2.) Devsharan and Sahdev were two brothers. Devsharan was firstly married to Marchi and they had no issue. The other brother Sahdev was married to Bhagmaniya Bai. Since there was no issue of Devsharan with Markhi, after the death of Sahdev, Devsharan entered into second marriage with Bhagmaniya Bai during the lifetime of Markhi.

(3.) It is the case of the plaintiff that after the death of Devsharan, Bhagmaniya Bai being his widow succeeded the suit property owned and held by Devsharan and thereafter executed a Will dated 21/05/1993 (Ex. P/1) in favour of plaintiff by which he has become title-holder of the suit property and is entitled for decree for declaration of title, partition and recovery of possession.