SATISH CHANDRA Vs. LATHWAR WALI

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned counsel for respondents No.1 & 2, who has appeared through caveat at the admission stage.

(2.) This is plaintiffs' second appeal arising out of O.S. No.310 of 1992, which was mainly filed for cancellation of registered Will dated 20.01.1983 alleged to have been executed by Gopi Nath in favour of Ram Behari and Virendra Kumar defendants No.1 and 2 in the suit, both sons of Kunjilal and for declaration of plaintiffs' ownership over the property in dispute. In the house in dispute there are seven rooms along with other amenities and 14 shops. Defendants No.3 to 12 were tenants in the shops. The suit was dismissed on 07.07.2000 by Additional Civil Judge, Senior Division, Jhansi.

(3.) Late Sri Gopi Nath was real brother of Kunjilal father of defendants No.1 and 2. Defendants No.1 and 2 pleaded that the property in dispute did not belong to Gopi Nath but to Kunjilal, their father and after his death they inherited the same. In the alternative they pleaded that Gopi Nath had executed a Will in their favour on 20.01.1983. Plaintiffs had based their claim upon a Will dated 28.06.1990 executed by Smt. Lado Kunwar, widow of Gopi Nath.