- (1.) Heard Sri P.K. Jain, learned Senior Advocate assisted by Sri Amit Kumar Singh, Advocate, for the appellants and Sri R.K. Jain, learned Senior Advocate assisted by Sri Saurabh Raj Srivastava, Advocate for the respondents.
(2.) This is defendants' appeal under Section 100 C.P.C. which has arisen from the judgment and decree dated 7.2.2013 passed by Sri Nand Lal, Additional District Judge, Court No. 8, Allahabad (the Lower Appellate Court and hereinafter referred to as "LAC") in Civil Appeal No. 84 of 2010 allowing plaintiffs' appeal and rejecting cross objection of the defendants. It has decreed plaintiffs' suit declaring him co-owner to the extent of half of the share of House No. 77 (116), Ram Bagh, Allahabad. LAC has also declared will dated 4.6.2001 as void and plaintiffs have been declared owner to the extent of 1/3 share in House No. 50, Shahganj, Allahabad. Defendant-appellants have been directed to hand over vacant possession of the disputed house no. 77 (116), Ram Bagh, Allahabad to plaintiffs, failing which they (plaintiffs) can execute decree with a further entitlement of damages at the rate of Rs. 2000/- per month.
(3.) This Court formulated following substantial questions of law, after hearing the parties under Order 41 Rule 11 C.P.C.: (I) Whether the plaintiffs-respondents acquired absolute rights to the exclusion of the consequences and effect of other clauses of will dated 21.01.2000 in respect of House No. 77/116, Rambagh, Allahabad to the extent of share of testator, late Sri Ajit Ghosh or their rights are restricted so as to constitute the life interest? (II) Whether the defendants-appellants were a mere licensee in respect of their right to reside in the accommodation in question mentioned above and he could have been evicted from the premises in dispute by plaintiffs-appellants relying on the rights they have acquired under the will dated 21.01.2000?;