KUNTIBAI Vs. UMASHANKAR KUSWAHA

JUDGEMENT

(1.) This is defendant's Second Appeal filed under Section 100 of CPC against the judgment and decree dated 2-1-2001 passed by the Additional District Judge, Baikunthpur in Civil Appeal No. 3-A/99 reversing the judgment and decree dated 29-8-1997 passed by the Civil Judge, Class-1, Baikunthpur in Civil Suit No. 05-A/1991. One Nandlal was the owner of the suit land total area 16.29 situated in village Kochila and 1.30 acres situated in village Patna, district Korea. Plaintiff No. 1 is his grandson, the appellant and respondent No. 4 Nankibai are his daughters, respondent No. 3 Ramsai is his son and Phoolkunwar (since deceased) was his widow.

(2.) Plaintiff/respondent No. 1 filed a suit for declaration of his title based on a Will deed dated 13-4-1983 allegedly executed by Nandlal in his and his brother Sugriv's (since deceased) favour, possession and mesne profits. It is the plaintiff's case that pursuant to Will deed, he and his brother Sugriv became its owner and after the death of Nandlal and Sugriv, he became the sole owner.

(3.) The defendant No. 1, widow of Nandlal and Ramsai, son of Nandlal supported the plaintiff's case. One of the daughters Nanki Bai did not appear in the case and remained ex parte.