ASHARFI DEVI Vs. HARI PRASAD

JUDGEMENT

(1.) This appeal has been preferred by the appellant-defendant under section 100 of C.P.C. challenging the judgment and decree dated 10.12.2006 passed by learned First Additional District Judge, Shivpuri in Civil Appeal No. 2-A/06 whereby the judgment and decree dated 13.2.2004 passed by learned Second Civil Judge. Class-II, Shivpuri in Civil Suit No. 6-A/02 has been confirmed.

(2.) This Court vide order dated 7.3.2008 admitted this appeal on the following substantial questions of law :

(3.) The brief facts giving rise to the appeal are that plaintiff-respondent No. 1 Hari Prasad has filed a suit for declaration of title and muta tion of his name in the revenue record against the agriculture land bearing survey Nos. 473, 474. 475, 476, 477, 478, 480, 481 and 482 having an area of 1.254 hectare (hereinafter shall be referred to as "suit property") situated at village Badaudi Road, Tahsil and District Shivpuri on the ground that the aforesaid property was self acquired property of his father Prabhu Dayal who died on 31.12.1995. Prabhu Dayal executed Will on 19.9.1995 in favour of plaintiff declaring that after his death the suit property shall be bequeathed in the name of his son Han Prasad. But the Patwari of the area, without giving any notice, mutated the name of mother and four sisters of plaintiff alongwith plaintiff in the revenue record on the basis of succession. After getting knowledge of mutation, plaintiff has filed objections on 2.8.2000 which were dismissed and appeal filed by the plaintiff before the Court of Tahsil has also been dismissed by order dated 31.10.2001. therefore, plaintiff filed a suit for declaration of his title and mutation of his name in the revenue records.