KANCHHEDILAL JAIN Vs. NIRANJAN KUMAR JAIN

JUDGEMENT

(1.) This is defendant's sec-ond appeal who has lost from both the Courts below since the suit of the plaintiff has been decreed and the appeal filed by the defen-dant has also been dismissed by the im-pugned judgment and decree.

(2.) No exhaustive statement of facts are required to be narrated for the purpose of dis-posal of this appeal. Suffice it to say that the suit property belonged to one Gulabchand who died intestate in the year 1966 leaving behind his wife Rajrani (died on 22-12-89). Gulabchand and Rajrani were having two children, daughter Smt. Shanti Jain who died somewhere in 1955 or 1956 and son Kanchhedilal Jain, the defendant, Smt. Shanti Jain died leaving behind three sons namely Naveen, Sudhir and Niranjan. Needless to say, Niranjan is the plaintiff.

(3.) The case of the plaintiff is that Rajrani has bequeathed the suit property admeasur-ing 3Vfc' x 12' which is a part of a shop by. executing a Will on 24-12-1987. A map has also been drawn in the Will (Exhibit P/l) showing that out of the total area of the shop she is bequeathing 31/2 x 12' in favour of plaintiff mentioning the dimensions and four boundaries etc. Since the defendants are in-terfering in the possession of the suit prop-erty of plaintiff Niranjan Kumar, a suit for declaration and injunction has been filed by him on the basis of the said Will. It has also been pleaded that after the death of Rajrani, the plaintiff is possessing the suit property and is also owner thereof under the said Will.