CHANDRABHAN SINGH Vs. GANPAT SINGH

JUDGEMENT

(1.) This appeal has been preferred by the defendants no. 1 and 2. This court vide order dated 19-09-2005, while admitting the appeal had framed the following substantial questions of law:-

(2.) The facts leading to filling of this appeal briefly stated are that the plaintiffs filed the suit seeking a relief of declaration and permanent injunction. The claim in the suit was based on the ground that Mathura Singh and Devi Singh had half share each in the suit land admeasuring 5.829 hectares. The plaintiffs claimed the title in respect of half of the share in the suit land being the grand son's of Mathura Singh. In respect of remaining half share, the plaintiffs based their claim on the basis of an oral Will dated 12-11-1984. Alternatively, it was pleaded that since the plaintiffs were in possession of the suit land held by Devi Singh, therefore, by virtue of Section 190 of the M. P. Land Revenue Code, 1959 they have become the owners in respect of the share held by Devi Singh in the suit lands. The plaintiffs sought relief of declaration that they are the owners of the suit lands and order of mutation dated 05-03-1987, in favour of defendant no. 1 and 2 in so far as it pertains to share of the defendants no. 1 and 2 in the lands held by Devi Singh be declared null and void. The defendants no. 1 and 2 filed written statement in which inter alia, it was pleaded that plaintiffs are not related to Devi Singh and order of mutation dated 05-03-1987 has been duly passed in favor of the defendants no. 1 and 2 in respect of the land held by Devi Singh, and that the defendants no. 1 and 2 are in possession of the land held by Devi Singh.

(3.) The trial Court vide judgment and decree dated 29-06-1996 partly decreed the suit filed by the plaintiffs. The trial court, inter alia held that plaintiffs are owners in respect of half share of the suit lands which was held by Mathura Singh being his grand sons. It was further held that the plaintiffs have not been able to prove that half share in the suit land held by Devi Singh was bequeathed to them by an oral Will. It was also held that order of mutation dated 05-03-1987 is null and void as the same has been passed without notice to the plaintiffs. Accordingly, the suit filed by the plaintiffs was partly decreed.