SITARAM DUBEY Vs. MANAKLAL

JUDGEMENT

(1.) The appellants/defendants have filed this appeal being aggrieved by the judgment and decree dated 25.11.1995 passed by the IXth Additional Judge to the Court of District Judge, Jabalpur in Civil Appeal No.20-A/95 whereby the judgment and decree dated 31.07.1984 passed by the Civil Judge Class-II, Patan, District Jabalpur, in Civil Suit No.15- A/1983 has been set aside and reversed and the suit filed by the respondent no.1/plaintiff has been decreed.

(2.) The brief facts, relevant for deciding this appeal, are that one Mannu (since deceased) had three sons; Nathuram, Tikaram and Udaylal. Udaylal died before he could get married while Nathuram had two sons, Manaklal, the plaintiff/ respondent no.1 (since deceased) and Gokul Prasad. Gokul Prasad died long back leaving behind his son Rameshwar Prasad Dubey, defendant no.11, the present respondent no.10. Tikaram, the second son of Mannu, though unmarried, had kept one Kaushalya Bai, widow of Ramdhani, with him. Manaklal, plaintiff/respondent no.1, Rameshwar Prasad Dubey, defendant/respondent no.10 and Tikaram were jointly in possession of Khasra No.50, Area 3.994 Heactares of village Khairi. After the death of Tikaram about 20-25 years prior to filing of the suit, the plaintiff/respondent no.1 Manaklal, Rameshwar Prasad Dubey, defendant no.11/respondent no.10 and Kaushalya Bai continued to remain in possession of separate portions of the land comprising Khasra No.50 Area 3.994 Heactares of village Khairi and in addition Kaushalya Bai also retained possession of Khasra No.92 Area 1.817 Hectares of Village Hirapur Bandha which she got from her husband Ramdhani as well as part of the house of Tikaram. Kaushalya Bai was staying in the said house alone when she fell down and suffered serious injuries pursuant to which the present appellants/defendants, who are the sister of Kaushalya Bai and the children of Hira Bai, her sister, took her to their house whereafter it is alleged that she executed a registered Will on 27.1.1983 at Jabalpur bequeathing the land bearing Khasra No.92 Area 1.817 Hectares of Village Hirapur Bandha and the other land situated in village Khairi alongwith her house to her sister Hira Bai.

(3.) This appeal, filed by the appellants, was admitted by this Court on the following substantial questions of law:-