RATANLAL S/O MURLIDHAR BHRAMIN Vs. NARAYAN S/O KALUJI

JUDGEMENT

(1.) THIS second appeal under Section 100 of the C.P.C. is at the instance of the plaintiff in the suit challenging the judgment of the First Appellate Court dated 24.11.1999 dismissing the Civil Appeal No.33A/94 and affirming the judgment of the trial Court dated 7.5.1994 passed in C.S. No.237A/84, whereby the suit filed by the appellant has been dismissed by the trial Court.

(2.) THE appellant had filed the suit for declaration, possession and damages pleading that Roopchand the original owner of suit land had died on 26.7.1968. Thereafter it was mutated in the name of his widow Sundar Bai. Sundar Bai on 16.1.1970 had executed a will in favour of the appellant Ratanlal and she had died on 3.8.1970. The land was mutated in the name of the appellant after the death of Sundar Bai. It was further pleaded that since Roopchand was aged and weak, therefore, he had given the land for cultivation to the respondent and the respondent had not given the share as per the terms of the agreement, therefore, the agreement came to an end and the appellant became entitled for declaration and possession, as prayed in the plaint.