SUKHBILAS RAM Vs. JEETURAM

JUDGEMENT

(1.) IN the instant second appeal following substantial questions of law have been framed to be determined by the Court: "1. Whether the finding recorded by the first appellate Court that Will dated 11.03.1987 said to be executed by late Ramdas in favour of late Jeeturam and his wife is perverse, inasmuch as, the same is neither duly proved and is also surrounded by suspicious circumstances?

(2.) WHETHER the Court below was justified in holding, late Biranchidevi would have only life interest and not the absolute interest and, therefore, was not competent to sell the suit house - 2. For answering the said two substantial questions of law, it is necessary to give brief factual matrix of the case. The original plaintiff Jeeturam had filed the plaint seeking for relief of declaration of title over the suit property mentioned in Schedule -A along with the plaint and for declaring the Sale Deed executed in respect of the land mentioned in Scheduled -B to be null and void as deceased defendant No.l Biranchidevi did not have any right to alienate the property. The plaintiffs had further sought for a relief of injunction against the defendants restraining defendant No.l from transferring the suit property to third person. In addition, the plaintiffs had also sought for relief of injunction against defendants 3 to 17 to whom defendant No.2 had sold the suit land.

(3.) THE suit of the plaintiffs was on the basis of Ex. P -1 dated 11.03.1987 which is a Will executed by Ramdas, husband of Biranchidevi in favour of Jeeturam, the original plaintiff and Biranchidevi. It is trite to mention that Ramdas and father of the original plaintiff namely Ganpatram were real brothers and Biranchidevi was the wife of Ramdas. Since Ramdas and Biranchidevi were issueless, according to the plaintiffs, Ramdas had executed a Will in favour of his wife Biranchidevi and his nephew i.e. the original plaintiff Jeeturam. According to the plaintiffs, since Ramdas was issueless, after death of the father of the original plaintiff Jeeturam, he started living with his uncle Ramdas and aunt Biranchidevi. It is alleged that after death of Ramdas, the brother -in -law of Ramdas i.e. brother of Biranchidevi namely Sukhbilas Ram who was defendant No.2 before the trial Court sold the suit land referred to in Schedule -B of the plaint to defendants 3 to 17 without any power and authority whatsoever conferred upon him. The said property which is alleged to have been sold by defendant No.2 Sukhbilas to defendants 3 to 17 on 13.12.1991, according to the plaintiffs, ould not be binding upon them as Biranchidevi did not have any right to transfer the suit property and that the only right of Biranchidevi was the right of maintenance during her lifetime. Initially the plaintiffs had sought for relief of grant of temporary injunction but when the Court below did not grant the interim injunction, taking advantage of the same, defendants 3 to 17 in connivance with defendant No.2 and his son defendant No.1 took forceful possession over the suit property.