KARUMU BICHHIARAW Vs. RAFEL BICHHIARAW

JUDGEMENT

(1.) THIS second appeal under Section 100 Civil Procedure Code is directed against the judgment and decree dated 6-1-1990 by the District Judge, Raigarh in Civil Appeal No. 27-A/1985 by which the plaintiffs/respondents' suit for declaration of their title over the suit-land and permanent injunction restraining the defendants/appellants from interfering in their possession, thereon was decreed, by setting aside the judgment and decree dated 22-7-1985 in Civil Suit No. 12-A/1985 by Civil Judge, Class-II, Dharamjaigarh.

(2.) THIS appeal has been admitted on the following substantial question of law :" whether the Will is hit by the provisions of the Hindu Adoptions and Maintenance Act, 1955 as a Hindu cannot by a Will so dispose of his property as to defeat the legal right of his wife as held in AIR 1967 SC 16531"

(3.) THE facts necessary for the disposal of this appeal are : that the parties to these proceedings are brothers being sons of Bichhi Urao. Bichhi Urao had in all about 70. 31 acres of land and during his lifetime in the year 1967 partitioned the said property amongst himself and his sons. It is also not in dispute that Bichhi Urao retained only 6. 18 acres of land, while the sons - parties to these proceedings, got about 16. 0 acres of land each. Bichhi died on 6-6-1975.