STATE OF U P Vs. GANGA DEVI

JUDGEMENT

(1.) The above appeal has been filed by one of the defendants of original suit No. 9 of 1981 against the original judgment and decree dated 14.8.1991 passed by the District Judge, Fatehpur for declaration whereby the suit has been decreed in respect of property as described in Schedule-A and partly decreed in respect of property described in schedule-B. The background facts may be stated in brief:

(2.) The Trial Court on the basis of the pleadings of the parties framed as many as 9 issues, reproduced below:

(3.) The parties led evidence oral and documentary. Hira Lal and his wife who were defendant Nos. 2 and 3 absented themselves and did not take part in the further proceeding of the suit. Four witnesses namely Gorelal, Ramesh Kumar, Rameshwar and Sunderlal were examined by the plaintiffs. The State of U.P. did not examine any witness. The Trial Court came to the conclusion that Pansari Lal had executed a Will dated 11.1.1971 and the said Will has been proved by Ramesh Kumar, P.W. 3. It ultimately concluded that in view of the aforesaid Will, Hira Lal, the loanee has 1/4th share in the house described in Schedule-B and has no share in the house described Schedule-A, consequently decreed the suit in part.