DIGAMBAR @ DHOLIYA BASOHAR Vs. MAHESHWARI

JUDGEMENT

(1.) This second appeal preferred by defendant No.1 was admitted for hearing by order dated 1-4-2015 on the following substantial question of law:-

(2.) The suit property situated at Village Bandhi, Tahsil Lormi, Distt. Mungeli, total area 8.05 acres, was originally held by one Sevak Singh. Sevak Singh had two sons namely, Digambar @ Dholiya Basohar - defendant No.1 and Deepak Singh - husband of plaintiff No.1 and father of plaintiffs No.2 and 3. Sevak Singh had one daughter also namely, Pushpa who is plaintiff No.4.

(3.) It is the case of the plaintiffs that Sevak Singh had 24.30 acres of land in his name out of which he had sold 8.29 acres during his lifetime and 16.01 acres remained. Sevak Singh died on 1-5-1979 making a Will of the said land in favour of defendant No.1 on 3-1- 1977 and thereafter he died. On the strength of the said Will, the name of defendant No.1 came to be recorded in the revenue records with regard to 16.01 acres. It is the further case of the plaintiffs that though formal Will was made in favour of defendant No.1 by Sevak Singh, but the predecessor-in-title of the plaintiffs namely, Deepak Singh and defendant No.1, both, had half and half share in the suit property left by Sevak Singh i.e. 16.01 acres, however, only 8.05 acres of land has been given by defendant No.1 to Deepak Singh - husband of plaintiff No.1 and father of plaintiffs No.2 and 3 of which plaintiff No.1 remained in possession and 7 acres has already been alienated by defendant No.1. Taking advantage of the helplessness of the plaintiffs, defendant No.1 is trying to dispossess them over the suit land by harvesting the crop. It was also said that Sevak Singh could not have executed Will in favour of defendant No.1 and plaintiffs No.1 to 3 are entitled for half share in the property i.e. 8.05 acres, though plaintiff No.4 has been joined as party, but she does not want to take any share in the property.