Judgment:

M.K. Mudgal, J.

1. The appellant/defendant No. 1 has filed the appeal under Section 96 of the Civil Procedure Code being aggrieved by the judgment and decree dated 23.2.2000 passed by the Court of District Judge Datia (Smt. Sushma Shrivastava) in Civil Suit No. 27-A/99 decreeing the suit filed by the plaintiff/respondent No. 1 whereby, the plaintiff has been declared the owner of the disputed house on the basis of will Ex. P/5 and the sale deed dated 13.12.93 Ex. P/9 executed by respondent No. 2 Smt. Krishna Devi in favour of the appellant/defendant has been declared as null and void. In this appeal, the appellant is referred as defendant no. 1 and 'respondent no. 1' as plaintiff and respondent no. 2 as 'defendant no. 2'.

The undisputed facts are that-

Sudama Prasad was the owner of the disputed house situated in Bharat Mohalla Datia described in para 1 of the plaint. He purchased this house by registered sale deed in the year 1979 and died issueless leaving behind his wife Smt. Krishnadevi who executed a sale deed dated 13.12.93 in favour of the defendant No. 1 vide registered sale deed Ex-P/9.

2. The facts in brief of the plaint are that Sudama Prasad after purchasing the sa