CHIMAN BHAI Vs. RANCHHOD BHAI

JUDGEMENT

(1.) THIS is a first appeal filed by an unsuccessful plaintiff under Section 96 of CP Code against the judgment/decree, dated 26-4-1996, passed by learned additional District Judge, Jhabua, in Civil Suit No. 3-A of 1974, whose suit for possession and mesne profit essentially based on title has been dismissed. The facts necessary for the disposal of this appeal need mention to appreciate the issue involved and urged.

(2.) LATE Purushottam Das was a shrewd wealthy businessman, possessed of several properties. Plaintiff and defendant No. 1, i. e. , Chiman Bhai (since dead) now represented by his legal representatives as appellants and ranchhod Bhai are his sons, whereas defendant No. 2 is his daughter-in-law, i. e. , wife of Ranchhod Bhai (defendant No. 1 ).

(3.) THE dispute in this case relates to one house. This suit house was owned by defendant No. 1,i. e. , Ranchhod Bhai who sold the said house to his father - Purushottam Das by registered deed of sale on 25-1-1963 (Ex. P-3) for rs. 10,000/ -. This is how Purushottam Das became the owner of suit house. Purushottam Das then on 19-2-1970 (Ex. P-l) executed one registered release deed in relation to several properties held by him in favour of other members of family (Coparceners ). He however, retained the suit house to himself. In other words, the suit house was not made subject-matter of release deed (Ex. P-3 ). On 22-1-1970, Purushottam Das executed a Will (Ex. P-2) in relation to suit house in favour of plaintiff, i. e. , his son. On 5-1-1974 (Ex. D- l)Purushottam Das also claimed to have executed another Will in favour of defendant No. 2, i. e. , his daughter in-law in relation to suit house alongwith some other properties. On 20-3-1974 Purushottam Das died. He was in eightees when died.