DAYA BAI Vs. JAGDISH DAS MANIKPURI

JUDGEMENT

(1.) The instant is the appeal by the defendant under Sec. 100 of the CPC. The challenge is to the judgment and decree dtd. 17/11/2004 passed in Civil Appeal No. 5A of 2002 passed by the First Additional District Judge, Durg. The appellate Court vide impugned judgment has reversed the judgment and decree dtd. 31/10/2002, whereby the Trial Court had dismissed the suit of the plaintiff. Thereby the First Appellate Court has allowed the suit for declaration in favour of the plaintiffs.

(2.) The instant second appeal was admitted for hearing on 23/12/2014 wherein the following substantial question of law was framed : "Whether the first appellate Court was justified while reversing the finding of the trial Court holding that the alleged will-deed exhibit P-1 dtd. 9/5/1987 has been properly executed and proved in favour of the plaintiffs before the Court below or not"

(3.) The suit property in the instant case is the land which situates in Khasra No.321, 544, 722, 809, 1077, 1173, 1517 measuring 4.90 Hectares at Village Semariya, Tehsil Dhamdha, District Durg. The said property originally was owned by one Devantin Bai. Devantin Bai was survived by three children, son Jagdish and two daughters Daya Bai and Maitrin Bai. The plaintiff is the son of Devantin Bai.