RAM BABU Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been preferred by the plaintiff against dismissal of suit by the Courts below in concurrent manner.

(2.) PLAINTIFF's case in short is that the disputed property belonged to Chhauaram. After his death one Mathuro Bai claimed herself to be his widow and got her name mutated on 25.6.1990 in his place. It is stated that Chhauaram in his life time executed a Will in respect of disputed property on 31.10.1990 in favour of plaintiff. PLAINTIFF prayed for a declaration that he is in possession of the suit property as owner on the strength of Will and mutation in favour of Mathuro Bai is void and ineffective. According to the plaintiff Mathuro Bai was not widow of Chhauaram and had no right, title or interest in the suit property. However, during the pendency of suit, the executed a registered sale deed on 23.4.1990 in favour of defendants No. 3 to 8. This being so, plaintiff also prayed that sale deed be declared void and ineffective qua-him. Decree for perpetual injunction was also sought for restraining interference.

(3.) AGGRIEVED by the aforesaid, plaintiff/appellant preferred an appeal, which too having been dismissed present appeal has been filed by the plaintiff.