INDRO Vs. MANOHAR

JUDGEMENT

(1.) THIS is a second appeal against the judgment and decree dated March 31, 1966 of Shri B.R. Agarwala, II Additional Civil Judge, Aligarh, dismissing the appellant's appeal after confirming the decree of the trial court.

(2.) THE suit giving rise to this appeal was filed by the plaintiff-ap pellant against the defendant-respondent on the allegations that one Itwari Lal was the owner of the house in dispute. On March 17, 1944 the said Itwari Lal executed a will bequeathing his property in favour of one Smt. Kalawati and after her death to one Sukhram, nephew of Itwari Lal. Itwari Lal died 15 years ago. Sukhram died during the lifetime of Smt. Kalawati. Smt. Kalawati executed a will on March 18, 1959 in favour of her sister Leelawati in respect of the house in dispute and after the death of Leelawati to Smt. Indra. Leelawati made a gift of the house in suit on August 12, 1961 in favour of defen dant Manohar. It was alleged that Itwari Lal had given absolute right to Smt. Kalawati and Smt. Kalawati was the full owner and Smt. Kalawati rightly executed a will in favour of Smt. Leelawati and after the death of Smt. Leelawati the plaintiff became the owner of the house in dispute. The defendant-respondent forcibly occupied the Atta and roof of the disputed house; hence the suit for possession and for permanent injunction restraining the defendant- respondent from occupying the other portions of the house in possession of the plaintiff-appellant.

(3.) THE trial Court after taking evidence of the parties came to the conclusion that Smt. Kalawati got only a limited estate under the will from Itwari Lal and not the sole ownership rights and as such the plaintiff was not the owner of the disputed house and on this the trial Court dismissed the suit.