RAMRAO Vs. NATTHU

JUDGEMENT

(1.) This second appeal has been filed by the plaintiff against the judgment and decree dated 14-8-2001 passed in Civil Suit No. 46-A/1991 by the trial Court dismissing his suit for declaration and injunction which has been affirmed by the learned first appellate Court by dismissing his appeal No. 34-A/2001 by the impugned judgment and decree dated 10-12-2003.

(2.) In brief the case of plaintiff is that he is son of one Karuji who was having ancestral property as well as self-acquired property. According to the plaintiff, ancestral property is in village Bamhni and where the self-acquired property is situated in Pandhurna. The property of Pandhurna is in dispute. The description of the disputed property has also been mentioned in the plaint. According to the plaintiff, Karuji bequeathed the suit property in favour of plaintiff by executing a will on 3-2-1984. Later on he died on 24-11-1985. The defendants are trying to interfere in the possession of the suit property which has been bequeathed by his father in his favour. It has further been pleaded by the plaintiff that defendants by joining their hands against the plaintiff got the suit property mutated in their names and this fact came into his knowledge when the defendants submitted application for partition before the Tahsil Court where on 5-2-1990 the plaintiff objected. Hence the present suit has been filed.

(3.) Defendant No. 1-Natthu denied the plaint averments by filing separate written statement while defendants 3 and 4 namely Smt. Dhonda Bai and Mst. Chandrakala Bai who are daughters of Karuji filed their separate written statement and denied the plaint averments as well as execution of Will.