RAMAUTAR Vs. RAM NARESH

JUDGEMENT

(1.) THIS Second Appeal of defendant was heard and allowed by this Court on 5-7-2007 by dismissing the suit of plaintiff. Against the judgment of this Court, plaintiff (who is respondent No. 1 in this Second Appeal) filed Civil Appeal no. 4768 of 2008 before the Supreme Court. The Supreme Court set aside the judgment of this Court dated 5-7-2007 holding that the substantial question of law which was formulated by this Court on 14-7-1987 is not a substantial question of law within the meaning of the provisions of sub-section (4) of section 100, CPC. The substantial question of law which was formulated at that time reads thus:-

(2.) THE plaintiff/respondent No. 1 Ramnaresh has filed the instant suit for declaration and possession in regard to certain agricultural land, the details of which are mentioned in the plaint and which is the subject-matter of the suit on the basis of the Will dated 31-10-1972 said to have been executed by katrawali (hereinafter referred to as "testator") in his favour. It is not in dispute that the testator was Chachi (aunt) of the plaintiff's grand father, namely, paramlal. The family tree has been shown in Para 2 of the plaint and in the written statement relationship has not been denied. Thus, it is an admitted fact that testator was Chachi (aunt) of plaintiff's grand father.

(3.) ACCORDING to the plaintiff, on account of love and affection looking and to the service rendered by plaintiff to the testator, she bequeathed the suit property to him by executing a Will on 31-10-1972. The testator after executing the Will, died after few days. Thus, on the basis of the said Will plaintiff is seeking declaration of his Bhumiswami right with a further relief to deliver possession of the suit property because the suit property was owned by the testator and the same was bequeathed to the plaintiff.