SHIV DAYAL SHRIVASTAVA, J.

( 1 ) THIS second appeal arises out of a decree passed by the Additional District Judge, Gwalior, reversing the decree passed by the Civil Judge, first class, Lashkar, whereby the plaintiff's suit for declaration of title and possession was decided in favour of the plaintiff. Tulsiram instituted this suit on 10-7-1950, on the allegations that Smt. Kapolibai was the owner of the suit property, that she died on 2-4-1950, leaving a will dated 19-5-1920 whereby she bequeathed in his favour the suit house -and other movable property, and that the defendants took wrongful possession, of it. He also complained in the plaint that the defendants had thrown out stone slabs kept in two-rooms and occupied them and. further, that Shyamlal (defendant No. 1) had given notice to the tenants residing in another portion of the house asserting. his own title.

( 2 ) INITIALLY there were two defendants namely (1) Shyam Lal minor son of Ganpatilal and (2) Rewadmal. Later on Ganapatlal was also made a. defendant (No. 3 ). On September 12, 1950, Rewadmal filed his written statement. On 285-1951, a written statement was filed on behalf of Shyamlal and on 18-121951, Ganapatlal's w

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