RAJNI Vs. BASUDEV NARAYAN SINGH

JUDGEMENT

(1.) This second appeal under Section 100 of the Code of Civil Procedure, 1908, filed against judgment & decree dated 14-8-97 passed by the Additional District Judge, Manendragarh in Civil Appeal No. 18A/95, affirming judgment & decree dated 31-7-95 passed by the Civil Judge Class-II, Manendragarh in Civil Suit No. 3A/94, whereby the trial Court has dismissed the civil suit for declaration of title and permanent injunction, has been admitted for consideration on the following substantial questions of law: -

(2.) As per plaint allegations, the appellant herein, legally wedded wife of Navrang, has inherited the property left by her husband Navrang, but respondent No. 1 relative of Navrang, has succeeded in mutation of his name in the revenue record on the basis of forged will dated 4-8-85, therefore, suit for declaration and permanent injunction was filed by the plaintiff/appellant.

(3.) By filing written statement, respondent No. 1 has denied the allegations made in the plaint and has specifically alleged that the appellant was keep/mistress of deceased Navrang Singh, she was not member of Raj Gond and member of Singraulia Gond. Navrang Singh has executed will on 4-8-85 in favour of respondent No. 1 and on the basis of aforesaid will which has been subsequently registered, respondent No. 1 has mutated his name in the revenue record.