JUDGMENT

M.Y. EQBAL, J.

Aggrieved by the judgment and order passed by the High Court, partly dismissing First Appeal No.92 of 2001, both the plaintiff and the defendant have filed the aforementioned two appeals. While confirming judgment and decree, the High Court reversed the finding recorded by the trial court on the issue of will executed by the testatrix.

2. The plaintiff-Ganeshram, appellant in Civil Appeal No.3411 of 2007, filed suit for declaration, possession and damages in relation to the two suit houses described in Schedule A & B of the plaint, pleading inter alia that the registered sale deed of 1987, executed by Phoolbasa Bai (original defendant no.1, who died during the pendency of the suit) in favour of defendant no.5 Mukesh Kumar Chourasia, which relates to some portion of suit house, be declared illegal, void and not binding on him.

3. To understand factual matrix and issue involved in the case, we would like to reproduce here the pedigree table as submitted before us:

Shivram (Died in 1932)

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    Sumitrabai (Daughter) (died in 1976) Husband of       Chhatrapati (Son) (died