BETI @ SHIV KUMAR LODHI Vs. SITARAM LODHI

JUDGEMENT

(1.) 1.5.2020 Respondent No.1 Sitaram Lodhi was plaintiff before the Trial Court. He had filed a suit for declaration of title and possession of the land bearing Khasra Nos.244, 345, 366 admeasuring total 6.07 hectare situated in Village Dwarikala, Tahsil Nagod, District Satna.

(2.) As per the plaintiff's case, Jhalla Lodi had two wives. Jhalla Lodi, who is the forefather of the plaintiff as well as defendants had two sons and three daughters from his first wife, namely, Terasia, Shyam Sunder, Lalla, Sukhiya, and Hirabai. From the second wife, Jhalla Lodi had a son, namely, Suraj Prasad Lodhi @ Ladhera, who died issueless and the property belonged to him is not in dispute between the parties.

(3.) It is submitted by the plaintiff that being legal heir of Shyam Sunder, he is entitled to get half share over the suit property. After the death of Ladhera, the defendant Nos.1 to 3, namely, Beti @ Shivkumar, Punnu @ Sukhbind, Smt.Vitol Lodhi had produced the Will dated 05/11/2007 vide Exhibit D/1 before the Tahsildar for the purpose of mutation. The Tahsildar dismissed their application for mutation on the ground that the Will is forged. Being aggrieved by the order of the Tahsildar, an appeal was preferred before the Sub Divisional Officer, which came to be allowed. After passing of the order in appeal, plaintiff Sitaram Lodhi had filed a civil suit for declaration of title and also to declare that he is in possession over the suit land.