VISHNU RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This second appeal by the defendants was admitted on the following substantial questions of law:-

(2.) The suit property was originally held by Firtu who died on 24-12-1977. He died issue-less. He was said to have executed Will in favour of plaintiff Radha Bai on 22-8-1977 (Ex.P-1). Plaintiff Radha Bai is daughter of Kunwar Singh who was brother of Firtu. Kunwar Singh was defendant No.1 in the plaint, but later-on, on account of his death, he was substituted by his son Hemram and thus, the present defendant No.1 is son of Kunwar Singh and other defendants No.2, 3 and 4 are sons of Hemram defendant No.1. After death of Firtu, the defendants got their names mutated in the revenue records leading to filing of suit for declaration of title, possession and permanent injunction in which the defendants set up a plea that the suit property was the joint Hindu family property of Firtu and Kunwar Singh both and there was no partition during the lifetime of Firtu among them and therefore undivided interest could not have been bequeathed in favour of plaintiff Radha Bai and if the Will is found to be proved then also, the Will is forged and fabricated and as such, the suit deserves to be dismissed.

(3.) The trial Court after appreciating oral and documentary evidence on record partly decreed the suit in favour of the plaintiff on the basis of succession holding that the plaintiff is entitled for half of the property and the sale deed executed by Kunwar Singh in favour of defendants No.2, 3 & 4 is null and void. The first appellate Court in appeals preferred by both the parties i.e. the plaintiff as well as the defendants, though dismissed the appeals but reversed the finding of Will in favour of the plaintiff finding Will in her favour is established and also reversed the finding of declaring the sale deed as null and void, but eventually dismissed the appeals.