RAMDEI Vs. RAMPATI ALIAS RUPA DEVI

JUDGEMENT

(1.) This is second appeal against the judgment and order dated 10.2.1987, passed by Additional Civil Judge, Sitapur, reversing the judgment and decree dated 12.8.1985, passed by Munsif, Biswa.

(2.) This appeal stems out of a suit filed by Ram Dei, substituted by her heir plaintiffs-appellants on her death, for cancellation of Will deed dated 4.4.1983. The parties to the suit are related as per pedigree given in the plaint. Gajodhar Prasad deceased was the brother of Ram Dei and defendant-respondents are married daughters of Sarjoo Prasad pre-deceased brother of Gajodhar Prasad.

(3.) Case of the plaintiff-appellant is that on the death of Sarjoo Prasad his share in the property was inherited by Gajodhar Prasad and on the death of Gajodhar Prasad who was living with Ram Dei the property devolved on her as Gajodhar Prasad was issue-less. The Ram Dei's name was mutated also but later on defendants-respondents set-up a Will allegedly executed by Gajodhar Prasad in their favour.