SUKHDEO PRASAD Vs. SAVITRI BAI

JUDGEMENT

(1.) This second appeal preferred by the appellant/ defendant was admitted for hearing on the following substantial questions of law :?

(2.) The suit property was originally held by plaintiff's father Sonilal. Admittedly, the first wife of Sonilal died and he is said to have remarried with Purniya Bai. The plaintiff is daughter of Sonilal out of his wedlock with his first wife. Plaintiff - Savitri Bai filed a civil suit stating inter?alia that her father had executed an unregistered Will deed dated 27/01/1989 (Ex.P/11) in her favour thereby, she had become the title?holder of the suit property and alienation made by Purniya Bai in favour of the defendant - Sukhdeo Prasad on 02/09/1992 is null and void as Purniya Bai had no right/title over the suit property as the Will deed dated 17/12/1987 (Ex.P/9) executed by plaintiff's father - Sonilal in favour of Purniya Bai has already been superseded by the Will deed dated 27/01/1989 (Ex. P/11) executed by Sonilal in plaintiff's favour, therefore, she is entitled for decree for declaration of title and possession.

(3.) Defendant?Sukhdev filed his written statement and denied the averments made in the plaint stating inter? alia that the plaintiff is not entitled for any relief, as such, the suit deserves to be dismissed.