CHHOTELAL Vs. RAJMATI

JUDGEMENT

(1.) The appellant/defendant is aggrieved by the judgment and decree dated 03-04-2002 passed in Civil Appeal No.15-A/2000 by the Vth Additional District Judge, Bilaspur reversing the judgment and decree dated 31-07-2000 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 18-01-1986 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 18-01-1986 by Shriram in favour of the respondent/plaintiff was established. However, it held that being titled "cDlhlukek" it was a gift- deed and for non-registration, the document Ex.P-1 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.