SUDARSHAN PRASAD Vs. LAXMI BAI

JUDGEMENT

(1.) THIS is plaintiff's first appeal under Section 96 of the Code of Civil Procedure. Plaintiff filed suit for declaration of title over the house and the land adjoining thereto, as also for its vacant possession. First Additional District Judge, Khandwa by judgment and decree dated 11.2.94 passed in Civil Suit No. 2 -A of 1988 dismissed the suit. Aggrieved by the same plaintiff has preferred this appeal.

(2.) ACCORDING to the genealogical table which is not disputed, Ratan Mishra (deceased) had three sons who are all dead, namely Hiralal, Ramnarayan and Sitaram. Hiralal and Sitaram died issuless. Wife of Sitaram is Govindibai. Ramnarayan had a son namely, Ayodhya Prasad (deceased) who had two sons, namely, Laxman Prasad and Kalka Prasad, who are also dead. Laxman Prasad had two sons, namely, Sudershan Prasad and Surya Prasad. Sudarashan Prasad is the plaintiff in the case. Wife of Kalka Prasad is Laxmi bai who had three daughters, one of whom had predeceased her and others are defendants Pushpabai and Kusumbai Laxmibai was impleaded as defendant No. 1 in the suit, and after her death two sons of her deceased daughter have been substituted in her place.

(3.) ACCORDING to the plaintiff Govindibai executed a registered will on 7.6.1929 in relation to the suit property in favour of plaintiff Sudarshan Prasad. In the said will Ayodhya Prasad and Laxman Prasad as also predecessor -in -interest of the defendant Kalka Prasad are attesting witnesses. According to the plaintiff after the death of Govindibai in the year 1939 he is the exclusive owner of the suit property in view of the will. According to the plaintiff as predecessor -in -interest of the defendant Kalka Prasad having consented and attested the will, defendants are estopped from challenging the will.