PUNURAM Vs. UDERAM

JUDGEMENT

(1.) This second appeal was admitted for hearing by formulating the following substantial question of law: -

(2.) Original plaintiff Uderam filed a suit for declaration of half share in the property shown in Schedule 'A' of the plaint. The suit property was originally held by Bisahin Bai. Plaintiff Uderam and defendant No.1 both are brothers and they are sons of Bisahin Bai. The suit land was purchased by Bisahin Bai on 23-1-1950 from one Umthi Bai from her own earning. It is the case of the plaintiff that his mother has already given half of the property shown in Schedule A to defendant No.1 and half of the property she has bequeathed by way of Will dated 25-7- 1983 in his favour and defendant No.1 has sold some part of his property by sale deed dated 6-5-1989 for a consideration of 17,000/-, therefore, the plaintiff is entitled for decree of half share in the suit property shown in Schedule 'A' and the sale deed dated 6-5- 1989 be declared null and void. Defendant No.1 opposed the suit by filing his written statement denying the plaint allegations and questioned the due execution of Will Ex.P-2 in favour of the plaintiff by his mother Bisahin Bai.

(3.) The trial Court after appreciating oral and documentary evidence accepted the theory of Will projected by the plaintiff and granted decree of half share in the suit property mentioned in Schedule 'A' of the plaint and dismissed the suit with regard to Schedule 'B' and further declared the sale deed dated 6-5-1989 null and void.