S.K. Gangele, J.;-

1. This appeal has been filed by the appellant against the judgment and decree dt. 18.5.2012 passed by the trial court in Civil Suit No. 25A/2011. Bhagwati Devi had two children; one son Prakash Narayan Dubey and a daughter Ram Kishori Devi. Her husband Mijaji Lal Dubey died during her lifetime. Bhagwati Devi purchased a house No. 50/779 at Ganesh Bazar (Chavdi Bazar), Lashkar, Gwalior (hereinafter called 'suit property').

2. The plaintiffs, who are the sons of Ram Kishori Devi, filed a suit for declaration and permanent injunction. They pleaded that the suit house was purchased by Bhagwati Devi from her self earned property. After her death, Prakash Narayan Dubey and Ram Kishori Devi, who were the children of Bhagwati Devi became owner of the suit property in equal proportion. Plaintiffs are the sons of Ram Kishori Devi. Their father constructed a hotel over some portion of the house named as 'Basera Hotel'. He had been residing in the house. Mother of the plaintiffs executed a 'Will' and bequeathed the property in favour of the plaintiffs. Hence, the plaintiffs are the owner of the suit house, however, the defendant was trying to sale the property. Hence