BHURA Vs. KASHI RAM

JUDGEMENT

(1.) THIS appeal by special leave is directed against the judgment and decree of the High Court of Madhya Pradesh dated August 22, 1980 made in First Appeal No. 233 of 1977 setting aside the judgment and decree of the trial Court and decreeing the suit of the plaintiff/respondent.

(2.) THE only controversy between the parties which was contested both before the trial Court and the High Court was whether the will, Ex. P -4 conferred only a limited estate or an absolute estate on Sarjabai insofar as the suit -property is concerned. The learned District Judge held that the estate which was bequeathed by Pancham to defendant 1, Sarjabai gave her an absolute right thereto and consequently except on the question of adoption, the suit filed by the plaintiff respondent was dismissed with costs.

(3.) THAT the lands in question were sir in nature and were in the possession of Sarjabai at the time of the coming into force of the Abolition Act, and that Gopi Chand was the duly adopted son of Pancham and Kaushalya were not disputed before the High Court. It is in the background of these admitted facts that the controversy as noticed in the earlier part of this judgment is required to be resolved by us as that alone is the question in issue in the case.