MANTORA BAI Vs. GANESHIYA BAI

JUDGEMENT

(1.) This appeal is directed against impugned judgment and decree dtd. 30/11/2002 passed by the Additional District Judge, Dhamtari in Civil Appeal No.40- A/2002 by which, the judgment and decree dtd. 20/10/1997 passed by the Trial Court has been affirmed.

(2.) This appeal was admitted on following two substantial questions of law -

(3.) The appellant / plaintiff filed a suit seeking decree of declaration, permanent injunction and mesne profits on the pleadings inter alia that the property in dispute belong to one Lachhan - father of plaintiff and defendant and after his death, the property devolved upon the plaintiff firstly, as according to the customary laws of succession, the plaintiff was residing in the parental house along with her husband, property of the deceased would wholly devolve upon the daughter and the son-inlaw and secondly, on the basis that in any case, the mother of the plaintiff and defendant namely - Fagni wd/o of Lachhan had executed a Will on 25/09/1984 by which, she bequeathed entire property in dispute received by her from her deceased husband in favour of the plaintiff, by virtue of which, the plaintiff became entitled to the property in dispute to the exclusion of all, including her own sister - Ganeshiya Bai, the defendant.