RAJENDRA PRASAD Vs. JHADWAIN BAI

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in this second appeal preferred by defendant No.1 are as under:-

(2.) The suit property was originally held by late Shri Gambhir Das. The plaintiffs filed a suit stating inter-alia that plaintiff No.1-Jhadwain is widow of late Gambhir Das and plaintiffs NO.2 to 5 are daughters of plaintiff No.1 out of wedlock with Gambhir Das and the Will dated 16.6.1988 (Ex.P-8) allegedly executed by Gambhir Das in favour of defendant No.1 is surrounded with suspicious circumstance. Gambhir Das never executed a Will in favour of defendant No.1 and it is invalid in law, it was not attested in accordance with law and therefore, it is void document, as such, they are entitled for declaration of title and possession.

(3.) Defendant No.1 filed his written statement and denied the averments made in the plaint stating inter-alia that plaintiff No.1-Jhadwain Bai is not legally wedded wife of Gambhir Das as she got married with someone else from where she came without divorce to her earlier husband, she was having illicit relationship with Gambhir Das and out of said illicit relationship, plaintiffs No.2 to 5 were born and execution & attestation of Will dated 16.6.1988 (Ex.P-8) in his favour is strictly in accordance with law. The plaintiffs are not legal heirs of Gambhir Das, therefore, question of succeeding the property of Gambhir Das by them does not arise for consideration and the suit deserves to be dismissed.