KAUSHALIYABAI Vs. VIJAY

JUDGEMENT

(1.) This appeal under Section 100 of CPC is at the instance of the plaintiff in the suit challenging the concurrent judgments of the two courts below. Trial court by judgment dated 29/11/2014 had dismissed CS No. 74 -A/2012 filed by appellant and the first appellate court by judgment dated 13/5/2015 by dismissing the civil appeal 1 -A/15 has affirmed the judgment of trial court.

(2.) The undisputed facts in the matter are that suit premises admeasuring 10ftx 8inch and 17ftx8inch was let out by Bhagirath to Bherulal, husband of appellant. Sushila Bai was only daughter of Bhagirath and respondent No. 1 Vijay is son of Sushilabai. The suit house was sold by respondent No. 1 to respondents No. 2 & 3 vide registered sale deed dated 28/12/2010 and thereafter respondents No. 2 and 3 have filed the suit for eviction against the appellant.

(3.) The appellant had filed the suit for declaration and permanent injunction pleading that the will dated 18/8/1991 was executed by Bhagirathji in favour of appellant in respect of suit premises. Bhagirathji had died on 11/2/1992. Since the appellant was illiterate lady therefore no mutation was done by her on the basis of will and since Bhagirath had told her to keep the will secret therefore, she had not disclosed the will to anybody. When the notice of eviction suit filed by respondents No. 2 & 3 was received the appellant had come to know about the sale of suit property by respondent No. 1 to respondents No. 2 & 3 and thereafter the present suit was filed.