CHANDRAKALA BAI Vs. RAJESH

JUDGEMENT

(1.) Heard on the question of admission.

(2.) The appellants have filed this appeal being aggrieved by the judgment and decree dated 09.01.2009 passed by the 1st Additional District Judge, Balaghat in Civil Appeal No. 13- A/08 where by the suit filed by the respondents/plaintiffs has been decreed by the First Appellant Court by reversing the judgment and decree dated 18.06.2007 passed by the Additional Civil Judge Class-1, Balaghat in Civil Suit no. 46-A/2006.

(3.) It is submitted by the learned counsel for the appellants that the suit was filed by the respondents/plaintiffs praying for declaration, partition and possession on the strength of will dated 04.01.2000 executed by one Mathura Bai to the extent of 1/5th share of the property in dispute. It is submitted that the suit was filed on the strength of the aforesaid will executed by Mathura Bai who was the owner of 1/5th share in the joint property which had devolved on the party on the death of the original owner Maharaya and she had executed the will in respect of her 1/5th share infavour of the respondents/plaintiffs on 01.04.2000. The suit was dismissed by the court below but has been decreed by the First Appellate Court, hence this second appeal by the defendants/appellants.