Judgment

Dr. ANAND, J. :- This appeal by special leave is directed against the Judgment and Decree of the High Court of Madhya Pradesh dated 22, August, 1980 made in First Appeal No. 233 of 1977 setting aside the Judgment and Decree of the trial Court and decreeing the suit of the plaintiff/ respondent.

2. The only controversy between the parties which was contested both before the trial Court and the High Court was whether the will Exhibit P-4 conferred only a limited estate or an absolute estate on Sarjabai in so far as the suit property is concerned. The learned District Judge held that the estate which was bequeathed by Pancham to defendant No. 1 Sarjabai gave her an absolute right thereto and consequently except on the question of adoption, the suit filed by the plaintiff-respondent was dismissed with cost.

BRIEF FACTS

Tula Ram was the common ancestor of the parties. He had a son by name Pancham, who died on 6-8-1926. Pancham had 3 wives by name Smt. Punji, Smt. Kaushalya and Smt. Sarupa. Sarjabai, defendant No. 1 was the daughter of Smt. Punji, while Gopi Chand alias Korat was adopted as a son by Smt. Kaushalya and Pancham. Kashi Ram plaintiff-respondent is the son of the said Go