RUDRA SINGH Vs. HARISH CHAND AGHARIYA

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 21 -9-2001, passed in Civil Appeal No. 8A/2001 by the IInd Additional District Judge, Mahasamund, reversing the judgment and decree passed by the 1st Civil Judge Class-I, Mahasamund in Civil Suit No. 8A/93 on 10-11-2000, the Appellants/Defendants have preferred this second appeal.

(2.) ADMITTEDLY, Keshavram and Dharam are the sons of Haldhar, who owned the suit property. On death of Haldhar, there was a partition between Keshavram and Dharam, in which the suit property, i.e., land in area 8.186 hectares, situated in Village Jamher, Patwari Halka No. 21, Revenue Circle Pithoura, Tahsil and District Mahasamund (hereinafter referred to as 'the suit property') fell to the share of Keshavram and he got it mutated in his name. In the year 1992, Keshavram and his wife died leaving behind sons Harish Chand, Respondent No. 1/Plaintiff and Rudra Singh, Appellant/Defendant No. 1. Appellant/Defendant No. 2 is the wife and the Appellants/Defendants No. 3, 4 and 5 are the sons of Rudra Singh.

(3.) THE Appellants/Defendants No. 1 to 5 resisted the suit on the basis of the Will executed by Keshavram in favour of Rudra Singh, the Appellant/Defendant No. 1 on 26-8-1991. It was pleaded that they acquired title over the suit property on the basis of the Will and therefore, they could confer valid title to Defendants No. 7 to 15 by executing several registered sale-deeds of the suit property.