MAHARSAI DANI Vs. THAKURI LAGNA

JUDGEMENT

(1.) THIS is a second appeal by the defendants 2 and 3 arising out of a suit filed by the plaintiff-respondent No. I for a declaration of title to the land specified in Schedules A and B attached to the plaint and also for possession thereof in case the plaintiff is held to be not in possession.

(2.) IT is not disputed that the land in suit belonged to Matawan who died some time in the year 1960-61. Mst Tilkunwar, defendant-respondent second Appeal No. 441 of 1969 decided on 24-12-1976 arising out of the decree no. 3 was living with the deceased Matawan as his wife till his death. After his death she sold the land specified in Schedule A attached to the plaint to defendants 2 and 3. Plaintiff respondent Thakuri is the real brother of deceased Matawan.

(3.) ACCORDING to the plaintiff Mst. Tilkunwar was only a concubine of the defendant and by a will dated 7-2-1960, Ex. P-1, Matawan had bequeathed the land to the plaintiff Thus, Mst. Tilkunwar was not competent to transfer the land specified in Schedule A to the defendants 2 and 3 under the sale-deed dated 16-10-1962. As the defendants have been wrongfully asserting their claim on the land in suit, the plaintiff filed this suit.