JHARIYARI Vs. SATYA NARAIN KEWAT

JUDGEMENT

(1.) HEARD on the question of Admission.

(2.) THE respondents/plaintiffs approached the Civil Court by filing a suit seeking declaration of their title and permanent injunction against the appellants/defendants. It was contended that the land in suit belonged to the respondents/plaintiffs and they have a share to the extent indicated in the plaint. It was contended in the suit that the appellants/defendants had no right over the said property, but they have tried to dispossess the respondents/plaintiffs by making illegal encroachment on the land. The suit was contested by the appellants and in fact a counter claim was filed stating that at no point of time any Will was executed in favour of the respondents/plaintiffs. It was contended that in fact the Will was never set out and, therefore, the respondents were not entitled to any relief. On the other hand, the appellants were entitled to 1/4 share of the land being Survey No.149/1 of Village Baghedi and that no Will was executed in favour of the respondents/plaintiffs by Someshwar. If any such Will was said to be executed, the same be declared null and void.

(3.) THE trial court framed the issues, recorded the evidence and decreed the counter claim of the appellants. The Will dated 15.10.1981 was declared to be null and void. The respondents/plaintiffs preferred an appeal against such a judgment and decree, which has been allowed and the judgment and decree granted in favour of the appellants has been set aside. Hence, this appeal.