Onkar Nath Khandelwal, J. - (1.) THE plaintiff -appellant has filed this Appeal tinder section 100 of CPC against the judgment and decree dated 25.4.2003 passed by II Additional District Judge, Lucknow in Civil Appeal No. 81 of 1984 Laxmi Narain Chaturvedi v. Sukh Mangal, whereby reversing the finding of the Trial Court, suit of the plaintiff -appellant has been dismissed. Appellant filed a suit for permanent injunction in respect of a three storied house No. 134/214, Bashiratganj, Lucknow. According to the plaint allegations, plaintiff's real brother Raj Bahadur, who was serving in Loko Workshop, Lucknow had purchased this house and was living in it. He died issue -less, therefore, his widow Shiv Dasi inherited this property, who too has died. Thus the plaintiff and his sister Smt. Jaitoon being heir of the deceased have now became owner of this property.
(2.) IT was further alleged that a room with verandah, kitchen and small courtyard on the ground floor was let out to defendant -respondent by Smt. Shiv Dasi during her life time who now claims himself to be owner of this property on the basis of registered Will allegedly executed by Smt. Shiv Dasi in his favour. Defendant had even filed an injunction suit No. 57/1991, which was later on dismissed as not pressed. Therefore, the defendant should be injuncted from causing any interference in the possession of the plaintiff. The case of the defendant -respondent was that this property originally belonged to Parsadi, who had gifted it away to Raj Bahadur and Shiv Dasi. Raj Bahadur too had transferred his share to Smt. Shiv Dasi and after the death of Raj Bahadur, Smt. Shiv Dasi became sole owner of this property, who executed a Will in favour of the defendant on account of services rendered by him to Shiv Dasi as such he is owner of this property and also in possession except two rooms, which have been locked by the local police.
(3.) NECESSARY issues were framed by the Trial Court. Since the defendant had failed to prove the Will executed in his favour in accordance with law, the plaintiff being legal heir of the deceased -Shiv Dasi, was held to be owner and suit was decreed for injunction against defendant.;