SARLA Vs. SHAKUNTALA

JUDGEMENT

(1.) This appeal by plaintiff under Section 100 CPC is directed against confirming judgment and decree of Fifth Additional District Judge, Dhar, District Dhar dated 17.05.2018 passed in Civil Reg. Appeal No.53/2017. Plaintiff's suit for permanent injunction, partition and possession has been dismissed vide judgment and decree dated 18.07.2017 passed by Civil Judge, Class-II, Dhar, District- Dhar in Civil Suit No.900041-A/10.

(2.) Facts relevant and necessary for disposal of this appeal in nutshell are to the effect that; one late Ranveersingh s/o Sitaram ji Shivle was the head of the family and was survived by his wife Smt. Shankuntala, three sons and one daughter. He has bequeathed agricultural land of his ownership and possession to his wife through a 'Will' dated 28.06.1985 [exhibit P/1]. He passed away on 19.12.1985. Plaintiff; daughter has filed the suit for partition, declaration and possession. She contends that under clause (5) of the 'Will' (exhibit P/1), late Ranveersingh has bequeathed the entire suit property to his widow late Smt. Shakuntala. However, under clause (7), he has also expressed desire that before her death, she may partition and give equal shares to the children. As such, late Smt. Shakuntala did not have exclusive right, title and interest over the suit property to propound the 'Will' dated

(3.) /05/2007 (exhibit P/8) in favour of defendants/sons. Hence, the said 'Will' is null and void. 3. Defendants filed written statement and denied plaint allegations inter alia contending that late Shakuntala has rightly executed the Will' dated 03/05/2007 (exhibit P/8) in favour of the defendants. Accordingly, prayed for dismissal of the suit.