Judgment

H. R. KHANNA, J.:- This appeal by special leave is against the judgment of the Madhya Pradesh High Court affirming on second appeal the decision of the trial Court and the first appellate court whereby suit for possession of the land in dispute had been decreed in favour of the plaintiff-respondent against the defendant-appellant.

2. Laxmi Dayal died in 1952 leaving the lands in dispute and some other properties. He was succeeded by his two windows, Shantibai and Bindumati. In 1954 Chandanbai, widow of brother of Laxmi Dayal, filed Civil Suit No. 346 of 1954 against Shantibai and Bindumati in respect of the property left by Laxmi Dayal. During the pendency of that suit, a deed of partition was executed by Shantibai, Bindumati and Chandanbai, as a result of which each one of them was stated to have become full owner of the property which fell to her share. The partition deed was got registered and necessary mutation entries were made in accordance with that deed. On September 8, 1955, Shantibai made a will of the property which fell to her share as a result of partition, in favour of the plaintiff respondent. The suit filed by chandanbai was disposed of on February 18, 1956 i