RAMJILAL Vs. MAHILA HARGOBIA

JUDGEMENT

(1.) This second appeal under Section 100 of CPC has been filed against the judgment and decree dated 24.11.2001 passed by First Additional District Judge, Morena in Civil Appeal No.4-A/2000 thereby affirming the judgment and decree dated 11.2.2000 passed by Civil Judge Class-I, Joura, District Morena in Civil Suit No.50- A/1996 by which the suit filed by the respondent No.1 for declaration of title and permanent injunction has been decreed.

(2.) The necessary facts for the disposal of the present appeal in short are that the respondent No.1 Hargobai had filed a suit for declaration of title and permanent injunction in respect of agricultural land bearing survey No.72 area 1.19 Bigha, survey No.73 area 3 Bighas, survey No.74 area 5 Biswa, survey No.417 area 1.17 Bigha total area 7 Bighas and 2 Biswa situated in village Shahadpur, Tahsil Joura, District Morena.

(3.) It is the case of the plaintiff/respondent No.1 that Ramcharan was the owner and in possession of the land in dispute who has expired issue-less on 22.2.1996. On 29.1.1996 he had executed a "will" in favour of the plaintiff and got it notarized and handed over the possession to the plaintiff and thus after the death of Ramcharan, the plaintiff alone is the owner and in possession of the land in dispute. It was further pleaded that the defendants No.1 and 2/appellants had no title or possession over the land in dispute. However, in connivance with the revenue authorities they have got their names mutated in the revenue record. The plaintiff has performed the last rites of late Ramcharan being his legal representative. Thus the suit was filed for declaration of title and permanent injunction on the basis of "will" dated 29.1.1996 purportedly executed by Ramcharan in her favour.