LAWS(MPH)-2001-8-44

MAHADEO Vs. SHAKUN BAI GHAGRE

Decided On August 24, 2001
MAHADEO Appellant
V/S
SHAKUN BAI GHAGRE Respondents

JUDGEMENT

(1.) THIS is defendants' second appeal under Section 100, CPC. The following substantial questions of law were formulated by this Court at the time of admission of this appeal by order dated 29-8-1988 :--

(2.) THE facts relevant for the decision of the questions referred to above are that Gauribai was Bhumiswami of Khasra No. 91 area 0. 809 Hectare and Khasra No. 162 area 1. 016 Hectare of village Kharipaika, Tehsil Sausor, District Chhindwara. She was also the owner of the house in that village. She had sold Khasra No. 91 to Punya.

(3.) GAURIBAI filed the civil suit on 23-7-1980 stating in para 4 of the plaint that she is cancelling the Will dated 25-11-1966 in favour of her daughter Smt. Raji who was defendant No. 2 in this civil suit. She claimed the relief of permanent injunction for restraining the defendants from interfering with her possession on the land in dispute. She died during the pendency of the suit on 3-7-1981. Smt. Shakunbai, grand-daughter of Gauribai (through, another daughter) filed an application for bringing on record her name as legal representative of the deceased plaintiff. That application was allowed. She amended the plaint and pleaded that Gauribai had sold the land in dispute to her by registered sale-deed dated 20-1-1981 (Ex. P-2 ). The defendants in reply pleaded that Gauribai was insane from the year 1979 and therefore the sale-deed executed by her is void. Defendant No. 2 Smt. Raji also died during the pendency of the suit and her legal representatives were brought on record. 3. The Trial Court held that the Will dated 25-11-1966 (Ex. D-3) is valid and it is doubtful whether the consideration mentioned in the registered sale-deed dated 20-1-1981 (Ex. P-2) was actually paid to Gauribai. The Will became effective on the death of Gauribai and the defendants became the owner of the land in dispute. The suit was dismissed. The First Appellate Court reversing the judgment and decree of the Trial Court held that the sale-deed dated 20-1-1981 (Ex. P-2) does not suffer from any infirmity and the title of Gauribai stood transferred to Shakunbai. Therefore, the Will in favour of Rajibai stood revoked and on this finding restrained the defendants from interfering with the possession of the plaintiff on the suit lands.