RAMNARAYAN TIWARI Vs. UMA SHANKER PACHOLI

JUDGEMENT

(1.) The appellants have filed this appeal being aggrieved by the judgment and decree dated 23.3.1995 passed by the Additional Judge to the Court of District Judge, Hoshangabad in Civil Appeal No.14-A/90 affirming the judgment and decree dated 28.02.1990 passed by the Civil Judge Class-II, Seoni Malwa, in Civil Suit No.34-A/1987.

(2.) Before adverting to the issue involved in the appeal it is necessary to take note of the genesis of the dispute.

(3.) The land in question initially belonged to one Anant Ram and thereafter to his son Kanhaiyalal. Kanhaiyalal had two sons, Sunderlal and Shyamlal. Sunderlal died in the year 1919 issue-less leaving behind his widow Smt. Rajkunwar Bai. Shyamlal had three sons. The appellants are the sons of Shyamlal whereas the original respondent, Uttra Bai, is the daughter of the brother of Smt. Rajkunwar Bai, widow of Sunderlal. Rajkunwar Bai died on 7.9.1982 before which she is said to have executed a Will on 26.7.1982 in favour of Uttra Bai, her brothers daughter.