( 1. ) THIS second appeal under Section 100 of the Code of Civil procedure has been preferred being aggrieved by judgment and decree passed on 17. 01. 1998 by Fifth additional District Judge, Rewa in Civil Appeal No. 37a/ 1998, arising out from the judgment and decree passed on 26. 06. 1993 by Fifth Civil Judge, Class-II, rewa in Civil Suit No. 20a/1993 whereby civil suit for declaration, possession and damages regarding the disputed property situated at Sabji Mandi, Rewa has been dismissed.

( 2. ) THIS appeal was filed on 23. 04. 1998 which was dismissed on 18. 09. 1998 by holding that matters stand concluded by finding of fact. No substantial questions of law arise for determination, hence appeal stands dismissed in limine.

( 3. ) SLP was filed by appellants and the Hon. Apex Court in civil Appeal No. 2705/2000 set aside the order of this court and admitted the second appeal No. 409/98 on the following substantial questions of law: "a. Whether the judgment of the district Judge Rewa passed on 25. 01. 1951 in Civil Appeal No. 271/1951, the Judgment of the Additional District Judge, Rewa passed on 13. 09. 1952 in C. S. No. 33/1952 and the judgment of the Judicial commissioner, Vindhya Pradesh in f. A. no. 93 decided on 04. 12.

1952 operated res judicata to the present suit? b. Whether the judgment of the district Judge Rewa passed on 25. 01. 1951 in Civil Appeal No. 271/1951, the judgment of the Additional District Judge Rewa passed on 13. 09. 1952 in C. S. No. 33/1952 and the judgment of the Judicial commissioner, Vindhya Pradesh in f. A. No. 93 decided on 04. 12. 1952 hold that under the will dated 15. 06. 1950 mst. Malkutia had only life interest in the suit property and after her death the suit property has vested on Shyamdas?"

( 4. ) RESPONDENT No. 1 Smt. Shakuntala filed memorandum of cross objection on 10. 08. 2007 under Order 41 Rule 22 of the Code of Civil Procedure. Its reply was filed by appellant on 05. 09. 2007.

( 5. ) THE appellants case was that Jagatdev Prasad was uncle of late Shri Shyamdas Shukla. He was the owner of the disputed property situate at Sabji Mandi, Rewa. Rajdulari was his wedded wife but she turned unchaste, therefore, he renounced her and kept Smt. Malkutiya as his wife who remained with him upto 12-13 years. He bequeathed all his movable and immovable properties to her on 26. 02. 1950 which was registered on 13. 03. 1950 under coercion and fraud of Smt. Malkutiya. On 15. 06. 1950 he annulled this will and executed another will in favour of late Shri Shyamdas Shukla to the effect that Malkutiya shall have the right and title to enjoy it during her life time and upon her death Shyamdas shukla will become the owner of the property. Smt. Malkutiya unauthorisedly executed the registered will in favour of her daughter Smt. Shakuntala ON 18. 01. 1971. Smt. Malkutiya died in the year 1973. After her death shyamdas Shukla came to Rewa from village Bansa and informed the tenants of this house that he wants to construct it in new style. When Smt. Shakuntala came to know this fact she persuaded the tenants in 1977 to part with the Pagdi amount of the rent, demolished the old house, started constructing a new house and did not desist in spite of refusal by Shyamdas Shukla. It was also pleaded that Smt. Shakuntala born after 13-14 months of death of Jagatdev, therefore, she was an illegitimate child and had no right, title or interest in the property, therefore, the civil suit was filed for declaration, possession and damage regarding disputed property.

( 6. ) DEFENDANT/respondent No. 1 Smt. Shakuntala filed written statement denying the plaint allegations mainly contending that partition of the disputed house took place 50 years back to the death of Jagatdev. He had executed a will in favour of her mother Malkutiya without any coercion or fraud. He has never revoked the will dated 13. 03. 1950. Late Shyamdas never recovered any rent from the tenants. She had spent about Rs. 85,000/in reconstructing the h