RAMESHWAR PRASAD Vs. KRISHNA MOHANATH RAINA

JUDGEMENT

(1.) THE Sanskrit Pustakonnati Sabha, Itawah (respondent 1-B) through its seven trustees (respondents 1-A (1) to 1-A (7) and the Temple of Shri Mahasaraswatiji, itawah (respondent 2), hereinafter referred to as the plaintiffs, brought Civil Suit no. 25-A of 1961, in the Court of Additional District Judge, Chhindwara, for possession of properties detailed in Schedules A and B attached to the plaint, against the appellant Rameshwar Prasad. The trial Court impleaded one Ram dulare as defendant 2 in the case on an application made by him on 11-7-1963. The suit was decreed with respect to only part of the properties claimed against rameshwar Prasad. He has, therefore, filed this appeal. Ram Dulare, defendant 2, also has been impleaded in the appeal as respondent 4.

(2.) IT is no longer in dispute that the property in suit belonged to one Bal Govind who died, leaving behind two sons Sitaram and Raghuvar Dayal, Sitaram died on 27-7-1920, leaving his widow Dulari Bai as his only heir. Raghuvar Dayal died on 11-6-1923, leaving behind his widow Shahzadi Bai. Both these widows continued in possession of the properties. Shahzadi Bai died on 12-8-1955 and Dulari Bai died on 30-1-1960,

(3.) THE case of the plaintiffs was that Raghuvar Dayal executed a will on 31-5-1923 by which he bequeathed the property in dispute in favour of the plaintiffs, subject to the life interest of the two widows Shahzadi Bai and Dulari Bai. They are, therefore, entitled to possession of the properties after the death of the last surviving widow Dulari Bai on 30-1-1960. However, the properties have been taken possession of by the defendant Rameshwar Prasad (appellant) without any right or title. Accordingly, they claimed possession of the properties from him.