MANOHAR Vs. RAMAUTI BAI

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by the plaintiff is as under:-

(2.) The suit property was originally held by defendant No.1-Ramauti Bai, who sold the same to Durga Bai by registered sale deed dated 12.2.1959 and ultimately it was registered on 24.5.1969. It is the case of the plaintiff that Durga Bai got executed a Will on 14.6.1989 (Ex.P-3) in his favour in presence of two attesting witnesses i.e. Dr.Ullas (PW-2) & Tarachand (PW-4) and thereafter Durga Bai died on 1.8.1989. Subsequently in order to deprive the right of the plaintiff herein, defendant No.1 again sold the suit property to defendant No.2 on 17.5.1989 and on that basis, defendant No.2 got his name registered. In the meanwhile, on 14.6.1993 the Sub-Divisional Officer (R.), Raipur rejected the plaintiff's application for mutation and ordered to prefer a civil suit, which necessitated filing the suit for declaration of title and delivery of possession.

(3.) Defendants No.1 and 2 filed their joint written statement and denied the averments made in the plaint and questioned the due execution and attestation of the Will dated 14.6.1989.