KAPOOR CHAND Vs. LAXMI CHAND

JUDGEMENT

(1.) This first appeal has been filed by appellants/plaintiffs challenging the judgment & decree dtd. 21/8/1997 passed by Addl. District Judge, Begumganj (Raisen) in Civil Suit No. 10-A/1988 whereby suit for possession of house and damages filed by original plaintiff Kapoorchand (now his representatives) has been dismissed.

(2.) In short the facts are that Mangaljeet was owner of the suit property, who died after leaving two sons namely Inderchand, Kapoorchand and one daughter Bhuribai, who died issueless. The present appellants are descendants of original plaintiff Kapoorchand and the defendants are descendants of Inderchand. It is alleged that in his lifetime, Mangaljeet partitioned his property in which he gave one portion of house to plaintiff Kapoorchand and another portion was given to Inderchand and kept middle portion for himself, in which till his death daughter Bhuribai remained in possession. This middle portion only is in dispute. It is alleged that by way of registered deed (Tamleeknama) dtd. 6/1/1947 (Ex.P/1A) Bhuribai was given life interest in the disputed property and she was not having any right to alienate/transfer the suit property to any other person and it was specifically mentioned in the deed dtd. 6/1/1947 that after death of Bhuribai the property would fall to Kapoorchand. It is alleged that after death of Bhuribai, the defendants took possession on the house illegally, therefore, the suit was filed by Kapoorchand for possession claiming himself to be the exclusive owner on the basis of Deed (Ex.P/1A).

(3.) The defendants appeared and filed written statement denying the plaint allegations and claimed themselves to be owner of the suit property on the basis of Will (Ex.D/3) allegedly executed by Bhuribai in favour of Lakhmichand (Laxmichand). Denying all other allegations, the defendants prayed for dismissal of the suit.