GOPAL PRASAD Vs. ASHOK KUMAR

JUDGEMENT

(1.) Heard on admission.

(2.) Whether dedication of immovable property comprising of a residential house by the owner without divesting his legal heirs of their right of inheritance thereover would disable such owner from bequeathing the said property to his progenies, is the precise question raised by the defendant vide this second appeal, which is directed against judgment and decree dated 9.12.2005 passed in Civil Appeal No. 19-A/2005 by First Additional District Judge, Narsinghpur; affirming the judgment and decree dated 16.3.2005 passed by First Civil Judge Class II Narsinghpur in Civil Suit No. 16-A/2004.

(3.) Jhaulal, son of Nanhelal Tamrakar, was the owner of a kachcha house situated at Mouja Hardaul Ward, Chhota Chhindwara (Gotegaon) N.B.175 P.H. No. 16 Tahsil Gotegaon District Narsinghpur. That, while executing a Will on 22.5.2001, Jhaulal bequeathed his property in favour of plaintiff Ashok Kumar. That, Jhaulal was unmarried and the beneficiary is his nephew. Jhaulal expired on 25.5.2001 and when the plaintiff moved the municipal authorities for mutation of his name over the suit house, the same was objected at by the defendant on the basis of a gift deed dated 27.12.1993 stating that the suit house was already donated for the purpose of raising a Dharamshala for Tamrakar community. The objection led the plaintiff file a suit for declaration of ownership over the said property and for permanent injunction.