RAMKELIYA Vs. BELASI

JUDGEMENT

(1.) This second appeal filed against the judgment and decree dated 17.01.2001 passed by the Additional District Judge, Surajpur, District Surguja in Civil Appeal No. 11-A/1999 affirming the judgment and decree dated 30.04.1994 passed by the Civil Judge Class-II, Surajpur in Civil Suit No. 72-a/1988, dismissing the suit filed on behalf of the appellant has been admitted for consideration on the following substantial questions of law:

(2.) As per plaint allegation, appellant/plaintiff, daughter of Deepan Kanwar, filed a suit against her mother Suhano, second wife of her father Deepan Kanwar, and daughter of Suhano namely Belasi, daughter from second wife of her father, for declaration of title and partition of the property left by her father with a pleading that property in question was never bequeathed by Deepan Kanwar to respondent No. 1. By filing written statement, respondent No. 1 and her mother denied the adverse allegation and have pleaded that father of respondent No. 1 had executed a Will dated 03.01.1975 and declared that she and her husband i.e., respondent No. 2 being Gharijhan Damod will inherit the property of her father prevailing custom. After the death of her father, she inherited the property. Respondent No. 2 has also filed the written statement and supported the pleading of respondent No. 1. Both the respondents have also pleaded that daughter is not entitled to inherit the property left by her father.

(3.) After providing opportunity of hearing to the parties, the Trial Court has dismissed the suit by holding that Deepan Kanwar has executed the Will (Ex. D/1) and respondents No. 1 and 2 have inherited the property left by Deepan Kanwar the same was affirmed by the lower Appellate Court.