RAM GOPAL @ GOPAL Vs. MANIK CHAND

JUDGEMENT

(1.) HEARD learned Counsel for the Appellant.

(2.) THIS is Defendant's second appeal arising out of suit filed by the Plaintiff Respondent for injunction restraining the Defendant from interfering in the house No. 2116 (old) new 17/96. It has been pleaded that Ninua Ram was the owner of the said house, having four sons. Ram Lal one of the son, died in 1987 and Sunder Lal another son, died in 1972. As aforementioned sons were unmarried, therefore, they have not left any heirs and legal representative. In life time Ninua Ram has executed a will deed in favour of his wife on 24.08.1975. Smt. Ganga Devi was mother of the Plaintiff, therefore, on the basis of will, she has been devolved all the rights in the said property. After the death of husband of Smt. Ganga Devi, mother of the Plaintiff was enjoying the fruits of the property. The Defendant, who is the real brother of the Plaintiff, Smt. Ganga Devi has purchased a plot of 100 square meter in Billochpura, Tajganj, Agra in the name of Defendant Financial assistance was also given provided by the mother and Plaintiff to construct the house in the year 1987. The number of said house was 17/113 in the name of Defendant.

(3.) DEFENDANT filed written statement and denied the claim made in the plaint stating therein that the property in dispute belongs to one Allay and it is undivided ancestral property and therefore, any will executed by any person in favour of anybody will not accrue any exclusive right and legally the Defendant is having a share 1/2 in the house No. 17/96. The Plaintiff only want to grab the property exclusively has filed the present suit.