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2018 Supreme(All) 2265

AJIT KUMAR
Brijesh – Appellant
Versus
Manorama (Deceased) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Awadhesh Kumar Yadav
For the Respondent: Prabhakar Dubey

JUDGMENT :

1. This appeal, under Section 100 Code of Civil Procedure, is directed is directed against the judgment and decree dated 09.02.2018 and 21.02.2018 passed by Additional District Judge, Bansi, Siddharthnagar in Civil Appeal No. 15 of 2013 and also against the judgment and decree dated 29.03.2013 whereby, original suit of the appellant herein being numbered as Original Suit No. 302 of 1991 has been dismissed.

2. The case set up by the plaintiff-appellant herein is that the land originally belongs to Durgawati who succeeded the suit land from her husband Tarachand. However, subsequently she executed a registered WILL in favour of the appellant on 07.07.1985 and thereafter, Durgawati died on 25.07.1985. It is submitted that Durgawati had a daughter Manorama, who, though was married but eloped with a third person and resultantly Durgawati had started living with the plaintiff-appellant and it is out of love and affection that a WILL was executed in his favour. Manorama was not concerned with the land in question, as she was living elsewhere, however, certain people in village by impersonation got the land purchased showing Manorama as Vendor. Since the land is agricultural and p























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