ORDER

Dt.13.1.2010 — Heard

2. The appellant as plaintiff has filed the suit for declaration of right, title, interest and confirmation of posses¬sion along with a relief to set aside the sale deeds executed by her mother and sister in favour of the opp.Parties-defendants, who were the purchasers. An interim application under Order 39, Rules 1 and 2 C.P.C. was filed by the plaintiff for injuncting the purchasers from coming over the suit land. The said applica¬tion having been rejected, the present appeal has been preferred.

3. It is the admitted case of the plaintiff that the plaintiff claims exclusive title over the disputed property basing on a Will executed by her deceased father. It is a well known principle of law and also Section 213 of the Indian Hindu Succession Act prescribes that unless the Will is probated, no title accrues favour of the legatee. In the instant case, the claim of the plaintiff is on the basis of a Will as stated above, but the said Will is pending to be probated in a Probate Misc. Case.

4. Dr. A.K. Rath in support of the above principle of law relied upon the decisions in the case of Kanhialal Sarda v. State of Orissa and others, 49 (1980) CLT 155 and He