DATAR SINGH KAURAV Vs. PUSPENDRA SINGH KAURAV

JUDGEMENT

(1.) The appellant/defendant No.1 has filed the appeal under Section 96 of the Civil Procedure Code being aggrieved by the judgment and decree dated 23.2.2000 passed by the Court of District Judge Datia (Smt. Sushma Shrivastava) in Civil Suit No. 27-A/99 decreeing the suit filed by the plaintiff/respondent No.1 whereby, the plaintiff has been declared the owner of the disputed house on the basis of will Ex.P/5 and the sale deed dated 13.12.93 Ex.P/9 executed by respondent No.2 Smt. Krishna Devi in favour of the appellant/defendant has been declared as null and void. In this appeal, the appellant is referred as defendant no.1 and 'respondent no.1' as plaintiff and respondent no.2 as 'defendant no.2'.

(2.) The undisputed facts are that - Sudama Prasad was the owner of the disputed house situated in Bharat Mohalla Datia described in para 1 of the plaint. He purchased this house by registered sale deed in the year 1979 and died issueless leaving behind his wife Smt. Krishnadevi who executed a sale deed dated 13.12.93 in favour of the defendant No.1 vide registered sale deed Ex-P/9.

(3.) The facts in brief of the plaint are that Sudama Prasad after purchasing the said house pulled it down and built a new house at the same place. In the south, there was also another property in the ownership of Sudama Prasad who had sold that property to the plaintiff by a registered sale deed in year 1985. At that time, tenants of Sudama Prasad lived in his house, therefore Sudama Prasad began to live with the plaintiff's family. Father of the plaintiff was tenant of Sudama Prasad, so they had close relation. The plaintiff has further pleaded that Sudama Prasad had no heir so he had great love and affection for the plaintiff and executed a will on 9.4.92 Ex-P/5 in his favour. Sudama Prasad died on 2.5.92. After the death of Sudama Prasad, plaintiff became the owner of the disputed house. The defendant No.2 Smt. Krishna Devi had no right to sell the disputed property. However, defendant No.1 Datar Singh got the sale deed fraudulently executed from Krishna Devi in his favour on 13.12.93. That sale deed is null and void against the title and ownership of the plaintiff. On the basis of above facts, suit was filed by the plaintiff against the defendant on 6.1.94.