RAMBHAROS Vs. DEO PRASAD @ NANKI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 16 -2 -1989 in Civil Appeal No. 21 -A/89 by Fifth Additional District Judge, Bilaspur, whereby the plaintiff/respondent has been declared to be the owner of 1/3rd share of the suit lands, which are situate at Village Adbhar and Dhimani of Tahsli Sakti, District Bilaspur and directing that he is entitled to partition and possession thereof.

(2.) THE relevant facts necessary for disposal of this appeal are that out of the suit lands bearing Khasra Nos. 31, 33, 68 and 112 total area 7.12 acres situate at Village Adbhar, while land bearing Khasra No. 367 area 3.47 acres is situate at Village Dhimani.

(3.) THE case of the plaintiff/respondent was that the suit property was the self acquired property of Budga. It was also averred that Budga during his life time executed a gift deed (Ex. P -1) dated 22 -6 -1971 in plaintiffs favour and thereby gifted the land of Dhimani to him. On 25 -3 -1975 he executed a will (Ex. P -2) in favour of plaintiff/respondent, bequeathing the land, situate at Village Adbhar. The plaintiff/respondent therefore claimed title to the suit lands by virtue of above documents i -e. gift -deed (Ex. P -1) and will (Ex. P -2) of Budga.