KISHOR S/O GOVINDRAO Vs. SURESH GOVINDRAO

JUDGEMENT

(1.) This appeal is preferred against the Judgment and decree passed by the District Judge-12, Nagpur in Regular Civil Appeal No.326 of 2013, dtd. 3/12/2016, which was preferred against the Judgment and decree passed by 3rdJoint Civil Judge, Junior Division, Nagpur in Regular Civil Suit No.3101 of 2012 (Old Special Civil Suit No.877/2006), dtd. 6/8/2013. The suit is filed for declaration, partition, separate possession and for perpetual injunction, it was dismissed and the Appeal was allowed. In the said Appeal, it was held that the plaintiff and defendants are entitled to 1/5thshare each in the suit properties.

(2.) Brief facts of the plaintiff's case are as under :

(3.) Defendant Nos.1 to 3 strongly opposed the claim and denied the material contentions raised in the plaint. The defendants denied that the plaintiff has share in the suit properties. They contended that late Govindrao executed a Will on 26/10/1995 and bequeathed the suit properties in favour of defendant No.2. The plaintiff was aware of a Will. The suit houses were his self acquired properties and said fact is also mentioned in a Will. He was having right to execute a Will in favour of defendant No.2. The house No.263 was not purchased with joint funds of late Govindrao and his father. The plaintiff's claim is baseless. A Will is genuine, it cannot be declared invalid. It is further contended that late Govindrao purchased two quarters at Bhilai, one in the name of plaintiff and one in the name of their mother. The plaintiff was serving there. The plaintiff has let out these quarters and he is earning substantial amount of rent. That property was purchased in his name therefore, a Will is executed in favour of defendant No.2 by his father. Therefore, the plaintiff cannot claim share in the suit properties. It is lastly prayed to dismiss the suit.