PREM DEVI AND ORS. Vs. BHOLANATH GATTANI

JUDGEMENT

(1.) This second appeal is preferred by the plaintiffs-appellants against the Judgment and Decree dated 23/01/201998 passed by the Additional District Judge No.2, Jaipur City, Jaipur (hereinafter referred to as 'the appellate Court') in Civil Regular appeal No. 34/94 whereby, the appellate Court dismissed the appeal and confirmed the Judgment and Decree dated 23/09/94 passed by the Civil Judge (J.D.) East, Jaipur City, Jaipur (hereinafter referred to as 'the trial Court') in civil suit No. 444/1993.

(2.) The brief facts giving rise to the this appeal are that the appellants-plaintiffs (hereinafter referred to as 'appellant') filed a suit for possession and permanent injunction with respect to disputed property described as two "Saals" situated in the house Pitalion Ka Chowk, Chowkari Vishvesharji, Jaipur. The said "Saals" have been shown and marked in the map as 'A' and 'B'. It is also alleged that previously, these two "saals" were one but later on had converted into two . The disputed "Saals" belonged to one Smt. Gulab Devi who was said to be the elder mother-in-law of Smt. Rama Bai. It is also alleged in the plaint that Gulab Devi was the owner and in possession thereof and she vide will dated 12/08/1940 bequeathed the said "Saal" to Smt. Rama Bai. Rama Bai made a registered will dated 06/01/1969 in favour of the appellants and thereafter the appellants are owner and in possession of the disputed "Saals". Smt. Gulab Devi died in the year 1945 and Smt. Rama Bai in the year 1969. The respondents-defendants (hereinafter referred to as 'the respondents') have been in possession of this "Saal" with the permission of Smt. Rama bai. The father of the respondent Arjundas took the "Saal" on license orally from Smt. Rama Bai. In the year 1969, some dispute between the parties arose regarding raising of construction and alteration and the respondents filed a suit bearing No. 597/69 in the Court of Munsif, Jaipur City, Jaipur in that suit the respondents filed written statement on 28/05/1970 wherein they claimed the ownership of the disputed "Saal".

(3.) The respondents resisted the suit by filing the written statement wherein they denied the execution of the will by either Smt. Gulab Devi or Smt. Rama Bai. The ownership of the Smt. Gulab Devi and Rama Bai was also denied and it is contended that the respondents themselves are the owners of the disputed property. Smt. Gulab Devi was not elder mother-in-law of the Smt. Rama Bai. Smt. Gulab Devi was elder sister-in-law of respondents's grand father Banshidhar. Kanhaiyalal husband of Smt. Gulab Devi and Banshidar were real brother and belonged to a joint Hindu Family.