RAJENDRA SINGH Vs. GRIRAJ KUNWAR

JUDGEMENT

(1.) HEARD Ms. Tulika Prakash, learned counsel for the defendants/appellants and Sri V.B. Khare, learned counsel for the plaintiff/respondents.

(2.) THE second appeal arises out of the original suit No. 324 of 1972 instituted by the plaintiff/respondent claiming 2/3rd share in Haveli and Ahata in village Muqimpur, Pargana Baran, District Bulandshahar. The suit was dismissed with cost by the Civil Judge, Butendshahar, vide judgment and order dated 25.1.1975. Against which the plaintiff preferred a civil appeal No. 80 of 1975. The appeal was allowed and the suit was decreed by 1st Additional District and Sessions Judge, Bulandshahar, vide judgment and decree dated 18.11.1977.

(3.) ADMITTED case between the parties is that the plaintiff -respondent is widow of late Rai Bahadur Karan Singh and step mother of the defendant -appellant No. 1 Rajendra Singh and other defendants are sons of the defendant No. 1. Basis of the plaintiffs claim was that late Rai Bahadur Karan Singh, who was the owner of Haveli and Ahata transferred both in favour of his second wife (step mother of defendant No. 1) by means of the registered Will dated 4.5.1957 and thereafter he died in the month of January, 1958. The plaintiff got ownership and possession over the property in suit.