KRISHNA DUBEY Vs. SATENDRA KUMAR PANDEY

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against the judgment and decree dt.18.5.2012 passed by the trial court in Civil Suit No.25A/2011.

(2.) BHAGWATI Devi had two children; one son Prakash Narayan Dubey and a daughter Ram Kishori Devi. Her husband Mijaji Lal Dubey died during her lifetime. Bhagwati Devi purchased a house No.50/779 at Ganesh Bazar (Chavdi Bazar), Lashkar, Gwalior (hereinafter called 'suit property').

(3.) THE defendant, who is the wife of Prakash Narayan Dubey son of Bhagwati Devi, in her written statement pleaded that Bhagwati Devi died on 29.12.1972. After her death, the suit house was recorded in the name of her husband Prakash Narayan Dubey in the records of Municipal Corporation Gwalior. He had been using the property and after death of Prakash Narayan Dubey, defendant has been using the property and is in possession of the property as owner. She further pleaded that Ram Kishori Devi had no right to execute the 'Will' in regard to suit property. Defendant also raised an objection in regard to valuation of the suit. She pleaded that the valuation of the suit property is 45 lac and ad valorem court fees is required to be paid on the suit property. She also pleaded that after death of her husband, her name was recorded as owner of the suit property. The defendant also raised an objection in regard to limitation and pleaded that the suit is beyond limitation.