GHONDUL DAS Vs. CHATUR DAS

JUDGEMENT

(1.) This Second Appeal is directed against impugned judgment and decree dtd. 27/06/2003 passed by the 3rd Additional District Judge in Civil Appeal No.46- A/2002 whereby the learned lower Appellate Court reversed the judgment and decree dtd. 04/09/97 passed by the Trial Court and decreed plaintiff's suit holding the Will dtd. 16/01/1992 proved.

(2.) Respondent / plaintiff filed a suit seeking declaration of title of permanent injunction in respect of land admeasuring 0.656 hectares, situated in khasra no.271/1 in village - Kurra, P.H.No.161 Rajaswa Nigam Mandal - Nawapara, on the pleadings inter alia that his aunt Dulorin Bai was issueless and in order to seek help during her life time due to old age, she kept the plaintiff with her since 1990. Since then, it was pleaded, the plaintiff started residing in-service with old lady Dulorin bai and was also managing her property and agricultural activity. Out of affection, Dulorin Bai executed a Will on 16/01/1992 in favour of plaintiff, by which, about 11/2 acres of her total land was given to the plaintiff. Dulorin Bai died on 09/06/1994 and all last rites and rituals were performed by the plaintiff. The plaintiff remained in possession of the property in dispute. However, later on, the defendant claiming to be one of the relative of the deceased, started interfering with the possession of the plaintiff and as a cloud was cast on plaintiff's title, it gave rise to a cause of action in favour of the plaintiff to file suit seeking declaration of title and injunction.

(3.) The defendant denied plaintiff's claim stating that Dulorin Bai and her sister - Dhansir Bai, both were issueless. The plaintiff was not related to her. Taking undue advantage of the old age, a fictitious document was got prepared. The plaintiff was working only as a servant with Dulorin Bai extending help in agricultural activities.