KUMARI MANGLA Vs. KRISHNA BAI

JUDGEMENT

(1.) This Second Appeal has been filed by the appellant/plaintiff challenging the judgment and decree dtd. 18/2/2000 passed by First Additional District Judge, East Nimar, Khandwa in Civil Appeal No.19-A/1999, whereby reversing the ex parte judgment and decree dtd. 23/7/1993 passed by First Civil Judge Class-II Khandwa, in Civil Suit No.25-A/1985, whereby suit filed for declaration of title and restoration of possession was decreed ex parte.

(2.) Short facts of the case are that the plaintiff/appellant instituted a suit for declaration of title, declaring the will dtd. 22/4/1982 to be null and void and for restoration of possession of suit property against the respondents/defendants 1-3 impleading the State of Madhya Pradesh as party/defendant 4 with the allegations that property in question came to Radha Krishna in partition and the plaintiff being his niece is entitled to succeed the property in question. It is also alleged that the defendants with an intention to grab the property got fabricated the will dtd. 22/4/1982 (registered on 23/6/1984) and on that basis got their name mutated and are getting the benefits being in illegal possession of the suit property. Hence prayed for decree.

(3.) After service of summons, defendants 1-3 appeared and filed written statement on 12/10/1987 denying the plaint allegations. It is contended that the defendant 1-Krishnabai is sister of Radha Krishna and the defendants 2-3 are sons of Krishna Bai, who since their childhood had been residing with Radha Krishna who executed will in their favour on 22. 04.1982, on that basis the defendants are in possession, as owner. It is contended that in presence of defendant 1, the plaintiff does not get any right over the property left by Radha Krishna. Accordingly prayed for dismissal of the suit.