TULSIRAM Vs. SHYAMLAL GANPATLAL

JUDGEMENT

(1.) This second appeal arises out of a decree passed by the Additional District Judge, Gwalior, reversing the decree passed by the Civil Judge, first class, Lashkar, whereby the plaintiff's suit for declaration of title and possession was decided in favour of the plaintiff. Tulsiram instituted this suit on 10-7-1950, on the allegations that Smt. Kapolibai was the owner of the suit property, that she died on 2-4-1950, leaving a will dated 19-5-1920 whereby she bequeathed in his favour the suit house -and other movable property, and that the defendants took wrongful possession, of it. He also complained in the plaint that the defendants had thrown out stone slabs kept in two-rooms and occupied them and. further, that Shyamlal (defendant No. 1) had given notice to the tenants residing in another portion of the house asserting. his own title.

(2.) Initially there were two defendants namely (1) Shyam Lal minor son of Ganpatilal and (2) Rewadmal. Later on Ganapatlal was also made a. defendant (No. 3). On September 12, 1950, Rewadmal filed his written statement. On 285-1951, a written statement was filed on behalf of Shyamlal and on 18-121951, Ganapatlal's written statement was filed. The three defendants resisted the plaintiffs suit on three different grounds. Rewadmal claimed that the house was bequeathed to him by Kapolibai under a will dated 11-4-1950. That will is marked as Ex. D1 and shall heareafter be called the 'disputed will.' Shyamlal claimed the title to the house in himself. Ganapatlal did not claim the house either for himself or for Shymlal, but he asserted the title of Rewadmal On a different ground. According to him Rewadmal was the owner of the suit property for 30 years and more. The defendants challenged the will of May 19, 1929 executed by Kapoli Bai in favour of Tulsi Ram plaintiff.

(3.) Shyam Lal defendant No. 1 is the son of Ganpat Lal defendant No. 3. Rewadmal defendant No. 2 was the brother of Ganpatlal defendant No. 3, but it is said that the former was adopted by their uncle, Nathoo Lal and so they became cousins. There is nothing on the record to suggest any relationship between Rewadmal and Kapolibai, but it is said in the disputed will that he had served her for a long time. Tulsi Ram plaintiff is Kapoli Bai's sister's son.