REHMAT BAI Vs. MUNNABAI

JUDGEMENT

(1.) THIS is plaintiff's Second Appeal under section 100 of the Code of Civil Procedure, directed against the judgment and decree dated 29.9.1980 passed by Additional District Judge, Dewas, in Civil Appeal No. 59 -A/75, in affirmance of the judgment and decree dated 23.10.1975 passed by Civil Judge, Class -II, Bagli, in Civil Suit No. 14 -A/74, dismissing suit of appellant/plaintiff for declaration, partition and possession.

(2.) THE suit pertains to certain agricultural lands which admittedly belonged to late Nabibux. Respondent/defendant No.1 - Munnabai, who has died during the pendency of this appeal, was the widow of Nabibux, while appellant/plaintiff Rehmat Bai, respondent/defendant No. 2 Najrabai and respondent No. 3 Hashmat Bai are their daughters. Nabibux died on 16.1.1967. It is no more in dispute that Nabibux had on 12.1.1962 executed a registered will (Ex. DA/1) bequeathing his entire property including the lands in suit to his wife, the respondent No. 1 Munnabai. It was further stated that in case Munnabai pre -deceased him (Nabibux) the property would devolve on his daughter respondent No.2 Hajrabai. He further nominated his two daughters Hajrabai and Hashmat Bai as heirs of Munnabai under this Will.

(3.) BOTH the Courts below repelled the defendants contention and suit of the appellant as also her appeal were dismissed.