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2000 Supreme(SC) 2018

A.P.MISRA, D.P.MOHAPATRA
Kamla Devi – Appellant
Versus
Prabhawatti Devi – Respondent


JUDGMENT

A.P.MISRA, J.

(1) THE appellant filed a suit for declaration that she was the owner of the house in dispute on the strength of the Will dated 20/1/1975 executed by her husband Shri Mahadev Prasad making her the absolute owner and since the defendant nos. 1 to 4 were interfering with her possession, injunction was sought and in the alternative, for possession.

(2) THE trial court decreed the suit, holding the Will to be genuine and the appellant absolute owner of the disputed house and the property. It rejected the case of the defendant nos. 1 to 4 that Kedarnath was the owner of the house and they have perfected their title by adverse possession. An appeal was filed by the said defendants before the High Court which was allowed in part. The High Court, while construing the Will, held that Smt. Kamla Devi, the present appellant, has only life estate and was entitled only to the extent of 1/6th share in the house. Aggrieved by this, present appeal has been filed.

(3) THE submission on behalf of the appellant is, the house in question was purchased by the three brothers, namely, Mahadev Prasad, Bihari Lal and Sant Ram jointly out of their







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