BAHARTIN BAI Vs. JAGANNATH

JUDGEMENT

(1.) Proceedings of this matter have been taken-up through video conferencing.

(2.) This second appeal preferred by the plaintiffs was admitted for hearing on 26-8-2019 by formulating the following substantial question of law:-

(3.) Late Shri Bhudsal had three sons namely Baldeo, Govind Ram and Munau Ram, all three have died. The dispute relates to the house left by Mungra Bai, widow of Ghasi Ram, S/o Baldeo. Mungra Bai died issue-less on 3-2-1992. The plaintiffs are grand-daughter and grand-sons of Govind Ram. The defendants are heirs of Munau Ram. It is the case of the plaintiffs that since Mungra Bai died issue-less, therefore, her suit house will be divided equally between the heirs of Govind Ram the plaintiffs herein and the heirs of Munau Ram the defendants herein, as they would succeed jointly. Whereas, the defendants claimed that Mungra Bai had executed a Will dated 15-10- 1991 (Ex.D-1) in favour of Agas Ram defendant No.2, therefore, the suit deserves to be dismissed.