KESHAV PRASAD Vs. BHUWANI BAI

JUDGEMENT

(1.) THE defendants, feeling aggrieved by the judgment and decree passed by the First Appellate Court whereby the judgment and decree of the Trial Court dismissing the suit of plaintiff/respondent No. 1, has been set aside, has preferred this second appeal.

(2.) IN brief, the suit of plaintiff is that she is the daughter of Kaushalya Bai wd/o Udaybhan. According to plaint averments, Kaushalya Bai was the owner of the suit property, the description whereof has been mentioned in the plaint. The plaintiff being her daughter, after the death of Kaushalya Bai inherited the right, title and interest in the suit property. It has also been pleaded in Paras 7, 8 and 11 of the plaint that a forged and fictitious Will has been prepared by the defendants and by that forged and fictitious Will of Kaushalya Bai, no right, title and interest are devolved in them. The plaintiff further pleaded that the alleged Will dated 26-2-1978 alleged to have been executed by Kaushalya Bai in favour of defendant Nos. 1 and 2 be declared as null and void. In the plaint, the State of Madhya Pradesh has been arrayed as a formal party. The suit was filed by the plaintiff on 20-12-1979.

(3.) THE defendants, who arc appellants in this appeal, refuted the plaint averments in regard to the non-execution of the Will. However, this fact is not disputed by them that the plaintiff is the only daughter of Kaushalya Bai. According to the defendants, Kaushalya Bai executed the Will dated 26-2-1978 in their favour and hence they have become owner of the suit property by virtue of the said Will. In this manner, they have prayed that the suit be dismissed.