SAH Vs. KEDAR SAH

JUDGEMENT

(1.) THIS second appeal has been filed by defendants -appellants -appellants challenging the judgments and decree of both the learned courts below.

(2.) The matter arises out of Title Suit No. 04 of 1979 which was filed by the plaintiffs -respondents - respondents with respect to 251/2 decimals (now 21 decimals) of C.S. Plot No. 232 (part) which is now R.S. Plot No. 495/1128 appertaining to C.S. Khata No. 2 (part) which is now R.S. Khata No. 110. of Thana No. 204 in Mouza Aminabad Semapur within Barari Police station in the district of Katihar for the following reliefs: (a) Declaration that the plaintiffs are legal heirs of Late Jharoo Sah having inherited suit property detailed in Schedule a of the plaint. Declaration that the document purported to be Will of Late Jharoo Sah was created by fraud & forgery of defendants duping Jharoo Sah to put his sign on it without understanding its nature and implication and defendants did not get any interest in the suit property on its basis. (b) Cost of suit and any other relief.

(3.) THE said suit was contested by the defendants and after considering the pleadings of the parties, the learned trial court framed the following issues for deciding the title suit. (i) Is the suit as framed maintainable? (ii) Have the plaintiffs got cause of action for the suit against defendants? (iii) Is the suit barred by law of limitation? (iv) Whether the registered deed of Will dated 02.02.1970, purported to be executed by Jharu Sah is valid, genuine and effective, and had Jharu Sah bequeathed his properties to defendants? (v) Are the plaintiffs legal heirs of Late Jharu Sah and have the properties left by Jharu Sah devolved on the plaintiffs? (vi) Are the plaintiffs entitled to the reliefs prayed for in the suit?