SURESH RATHORE Vs. SEWATI BAI

JUDGEMENT

(1.) This appeal under Sec. 100 of CPC is filed against the judgment and decree dtd. 8/1/2021 passed by the learned III Additional District Judge, Badwah, district Mandleshwar in Regular Civil Appeal No.100022/2014 arising out of the judgment and decree dtd. 31/7/2014 passed by the learned First Civil Judge, Class-II, Badwah in Civil Suit No.28-A/2012 by which the trial Court dismissed he suit of he plaintiff for declaration and injunction of disputed land which was affirmed by the first appellate Court.

(2.) The brief facts of the case is that plaintiff/appellant filed the civil suit in regard to the disputed land survey no.251/2, 252/2 and 253/1 rakba 6.570 on the basis of the will and pleaded that disputed land was purchased by late Jagannath by his own income. He died on 6/1/1992. In his life time Jagannath executed a will in favour of plaintiff-Suresh on 1/12/1991. So on the basis of the will he was the owner of the disputed land. Defendants no.1 to 5 have filed false application for mutation before the Tehsildar Court. So he filed the suit for declaration and injunction in regard to the disputed property.

(3.) Defendants denied all the averments made in the plaint and submitted that no will was executed in favour of the plaintiff therefore, prays for dismissal of the suit.