RAM BIHARI Vs. SATISH CHANDRA

JUDGEMENT

(1.) POONAM Srivastava, J. Heard Sri B. K. Narayana, learned Counsel for the appellants and Dr. Dwivedi learned Senior Advocate assisted by Sri Satish Chandra, Advocate, appearing for the plaintiff/respondents.

(2.) THIS is the defendant's second appeal arising out of the judgment and decree dated 4-10-2006 passed by the Special Judge (E. C. Act)/additional District Judge, Jhansi allowing the plaintiff's appeal No. 64 of 2000, Satish Chandra & Anr. v. Lathwarwali & Ors. , reversing the judgment and decree dated 7-7-2000 passed by the Additional Civil Judge (Senior Division) Jhansi.

(3.) HOWEVER, the trial Court did not believe the Will dated 20-1- 1983 executed in favour of the defendants. A conclusive finding was recorded that the said Will was suspicious and since the defendants could not discharge burden to prove the Will, no reliance was placed. HOWEVER, the trial Court arrived at a conclusion that Smt. Laad Kunwar had no claim to the property and the property belonged to late Kunji Lal and not Gopi Nath. Accordingly, the suit was dismissed.