SHOBHNATH Vs. MANMATI

JUDGEMENT

(1.) Heard.

(2.) This appeal was admitted on following substantial question of law :

(3.) The plaintiff-Shobhnath filed a suit for declaration and permanent injunction on the pleadings, inter alia, that the plaintiff is son of Nanki, Nanki is daughter of Chandan and defendant Sukhmen and Sonia are also daughters of late Chandan. According to the plaintiff, Chandan had no male descendant, therefore, Chandan had kept the plaintiff, son of younger daughter with him for taking care. It was further pleaded that later on, Chandan executed a will deed in favour of plaintiff Shobhnath on 12/4/1978, out of his affection towards the grandson. It was further pleaded that after death of Chandan, the plaintiff was engaged in cultivating the suit property left behind by Chandan but later on, he came to know that defendants No.1 & 2 in a clandestine manner got their names along with the name of respondent-Nanki mutated in the land records, pertaining to the property in dispute, which gave the plaintiff cause of action for filing suit.