RAMCHARAN Vs. NATTHI AND ANR.

JUDGEMENT

(1.) This First Appeal has been filed by the plaintiff/appellant being aggrieved by the judgment and decree dt.23.7.2002 passed in Civil Suit No.39A/1999 - Ramcharan v. Natthi and another passed by the court of Fourth Additional District Judge, Gwalior.

(2.) Facts of this case are that Harjita and Batola were real brothers. Harjita had married Mohania and from this wedlock, plaintiff Ramcharan was borne. After death of Harjita, Mohania had married Batola and from Batola, two sons were born, namely; Natthi and Heera who are the defendants. Plaintiff claimed that Batola had executed a Will on 24.08.1984 and as per the Will, plaintiff is entitled to claim suit property i.e. the house situated at Durgapuri, Naka Chandra Badni, Lashkar, Gwalior bearing Municipal No. 33/317 and.

(3.) On the other hand, defendants claimed that Batola, in fact, died on 24.04.1984 and therefore there is no question to execute the will in favour of Ramcharan on 24.8.1984. This date of death has been disputed by the plaintiff and as per the plaintiff Batola had died on 28.04.1985.