CHHOTELAL DHANDU KEWAT Vs. RAJMATI BANDURAM KEWAT

JUDGEMENT

(1.) THE appellant/defendant is aggrieved by the judgment and decree dated 3-4-2002 passed in Civil Appeal No. 15-A/2000 by the Vth Additional District judge, Bilaspur reversing the judgment and decree dated 31-7-2000 passed in Civil Suit no. 149-A/1998 by the VIth Civil Judge class-II, Bilaspur.

(2.) THE respondent/plaintiff instituted civil Suit No. 149-A/1998 for declaration of title over land Khasra No. 237/2 area 1. 00 acre situated in Village Bodri, Chakarbhata, patwari Halka No. 1, Revenue Circle and tahsil Bilha, District Bilaspur on the basis of a Will executed by Shriram on 18-1-1986 in her favour.

(3.) IT is not in dispute that Shriram is the brother of Banduram, i. e. the husband of the respondent/plaintiff and the appellant/defendant is the son of Dhandu, who was also the brother of Shriram. The trial Court reached a finding that execution of the document Ex. P-1 dated 18-1-1986 by Shriram in favour of the respondent/plaintiff was established. However, it held that being titled "baksishnama" it was ,a gift-deed and for nonregistration, the, (document Ex. P1 did not confer any valid title over the suit land to the respondent/plaintiff. Being aggrieved, the respondent/plaintiff preferred Civil appeal No. 15-A/2000. The lower appellate court proceeded on the assumption that the document Ex. P-1 was a Will and instead of recording a reasoned finding regarding the construction of the document Ex. P-1 held that execution of the Will Ex. P-1 by Shriram in favour of the respondent/plaintiff was proved and, therefore, while reversing the judgment and decree passed by the trial court decreed the suit in favour of the respondent/plaintiff.