RAMNARESH GUPTA Vs. AJIT KUMAR GARG

JUDGEMENT

(1.) THIS miscellaneous appeal is directed against the judgment dated 14.9.2001 in Civil Appeal No. 39A/99 by Third Additional District Judge, Satna, whereby the judgment and decree dated 11.1.1999 in Civil Suit No. 68A/91 by Fourth Civil Judge, Class -II, Satna has been set aside and the suit has been remanded to the trial Court for trial afresh.

(2.) THE relevant facts necessary for the disposal of this appeal stated in brief are that the plaintiffs -appellants are the sons of Ramsujan. The plaintiffs -appellants case was that the suit property was their ancestral property, which was partitioned between their father Ramsujan and his brother Gulabchand. The plaintiffs' case further was that the suit property being ancestral, they had 3/4th share and their father deceased Ramsujan had only l/4th share therein. According to the plaintiffs, respondent No. 2 Prema Bai was kept by their father Ramsujan as his wife. The plaintiffs' case further was that a Will Ex. D -1, Dated 29.9.1975 was allegedly executed by their father Ramsujan bequeathing the suit property in favour of respondent No. 2 Prema Bai. It is not in dispute that respondent No. 2 Prema Bai executed a registered sale -deed dated 13.4.1987 in favour of respondent No. 1/Ajit Kumar Garg regarding the suit property. According to the plaintiffs', their father Ramsujan had no right to bequeath the whole of suit property. It was also alleged that the Will, Ex. D -1, allegedly executed by Ramsujan was a forged one. The plaintiffs -appellants in the suit, therefore prayed that the Will, Ex. D -l, dated 29.9.1975 executed by their father Ramsujan bequeathing the suit property in favour of respondent No. 2 Prema Bai as well as the registered sale -deed dated 13.4.1987 executed by respondent No. 2 Prema Bai in favour of respondent No. 1 Ajit Kumar Garg be declared to be null and void and not binding on the plaintiffs -appellants.

(3.) THE learned trial Court recorded finding to the effect that it was not proved that the suit property was ancestral property and that the plaintiffs -appellants had 3/4th share in the suit property. It was also held by the trial Court that the deceased Ramsujan had right to execute the Will regarding the suit property and that he had done so and bequeathed the property to respondent No. 2 Prema Bai who acquired right, title and interest thereon by virtue of said Will. The suit of plaintiffs was, therefore, dismissed.