MADHAVKRISHNA Vs. CHANDRABHAGA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the judgment and order dated 3/7/1995 passed by the High court of Madhya Pradesh bench at Gwalior in SA No. 182 of 1989.

(3.) The admitted facts are that Mansaram had two sons by name, Babulal and Parasram. The appellants are the descendants through Babulal and the respondents are descendants through Parasram. In an earlier Suit No. 384-A of 1964, the respondents pleaded in their plaint that Mansaram, Babulal and Parasram were members of the joint family and, therefore, each of them was entitled to l/3rd share in the suit property. They sought for partition and a decree for partition by metes and bounds to the extent of their l/3rd share in the said house. It was held that Mansaram was the exclusive owner of the property and that it was not a joint family property and that the respondents have no right to partition of the said property. The decree has become final. Mansaram, during his lifetime, had executed a registered will on 28/3/1964 bequeathing the properties to the appellants and Mansaram died on 12/12/19688. The appellants filed the suit on 14/11/1977 for declaration of title and for possession thereof. The civil court in Suit No. 942-A OF 1984, VIIth Civil Judge, Class II, Gwalior by order dated 10/5/1985 decreed the suit. On appeal, the 4th Additional Judge, Gwalior upheld the same by decree and judgment dated 21/8/1989. The High court in the second appeal while upholding that Mansaram was the owner and had validly bequeathed it under the will in favour of the appellants, set aside the decree on the ground that the respondents had perfected the title by adverse possession. Thus, this appeal by special leave.