KAMAL NARAYAN SAINI Vs. SUSHIL BAI

JUDGEMENT

(1.) THE appellant/plaintiff is aggrieved by the judgment and decree dated 18.092003 passed in Civil Appeal No. 22-A of 2002 by the 4th Additional District Judge, Raipur reversing the judgment and decree dated 10.07.2002 passed in Civil Suit No. 17-A of 2001 by the 9th Civil Judge Class-II, Raipur.

(2.) THE appellant/plaintiff instituted a Civil Suit No. 17-A of 2001 before the 9th Civil Judge Class-II, Raipur for a declaration of a right to worship in the Shitla Mata Mandir, situated in Purana Basti, Raipur, on the basis of a registered Will executed by Poojari Ram Kishun on 02.07.1980.

(3.) FOR proving the execution of the registered will dated 02.07.1980 by Ram Kishun, the appellant/plaintiff examined the sole surviving attesting witness Radheshyam Agrawal P.W.1 and also adduced the evidence of Dwarka, son of the deceased attesting witness Ghasiram to prove the signatures of Ram Kishun on the Will dated 02.07.1980. It was also urged before the trial Court that Poonamchand D.W.2 had, in his testimony paragraph 8, admitted the signature of Ram Kishun on the document Will Ex.P.1.