MAHARSAI Vs. THAKURI

JUDGEMENT

(1.) This is a second appeal by the defendants 2 and 3 arising out of a suit filed by the plaintiff respondent No.1 for a declaration of title to the land specified in schedule A and B attached to the plaint and also for possession thereof in case the plaintiff is held to be not in possession.

(2.) IT is not disputed that the land in suit belonged to Matawan who died some time in the year 1960 -61. Mst. Tilkunwar, defendant respondent No.3 was living with the deceased Matawan as his wife till his death. After his death she sold the land specified in Schedule A attached to the plaint to defendants 2 and 3. Plaintiff respondent Thakuri is the real brother of deceased Matawan.

(3.) THE case of the defendants is as follows: Deceased Matawan had sold the land described in Schedule B attached to the plaint to defendant No.4. for a consideration of Rs. 12/ - and delivered possession thereof. Defendant No.1, is the lawfully married wife of deceased Matawan and was, therefore, competent to transfer the land specified in Schedule A to the defendants 2 and 3 after the death of Matawan. The execution of the will was denied.