- (1.) Heard learned counsel for the appellant and perused the record.
(2.) This appeal under Section 100 C.P.C. has been preferred by plaintiff. He instituted Original Suit No. 03 of 1994 for ejectment of defendants and recovery of damages, mesne profits etc. The plaint case set up was that property in dispute belong to Smt. Gomti Devi daughter of plaintiff. The property was purchased by Smt. Gomti Devi vide sale deed dated 13.06.1966. She died on 29.11.1987. The property was actually Benami and it was purchased from the funds made available by plaintiff to Smt. Gomti Devi and, therefore, after her death the property devolved upon him and also for the reason that she had no class I heir to succeed her property. The defendants were a licensee over the property in dispute and despite notice, have not vacated property, therefore, should be evicted.
(3.) The suit was contested by defendants by filing written statement alleging that property belong entirely to Smt. Gomti Devi who worked as a Teacher and has her own source of income and the allegation that property is Benami of plaintiff is false and incorrect. The defendants also pleaded that a registered will was executed by Smt. Gomti Devi on 22.08.1966 in favour of defendant no. 1 and, therefore, after death of Smt. Gomti Devi the property in question succeeded to him and the entire case set up by plaintiff is totally false and fabricated.;