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SUNITA YADAV
Ghan Shyam s/o Raghuveer – Appellant
Versus
Kali Charan s/o Chintoo Lal Dhobi (died) thr. L. Rs. Ganesh Ram Rajak – Respondent
JUDGMENT :
1. Present second appeal under section 100 of Civil Procedure Code has been filed against the judgment and decree dated 20-9-2006 passed by Fourth Additional District Judge (Fast Track), District Shivpuri (M. P.) in Civil Appeal No. 18-A/2006 affirming the judgment and decree dated 29-3-2006 passed by the Third Civil Judge, Class-II, Shivpuri in Civil Suit No. 21-A/2005 by which the suit of respondent/plaintiff was decreed.
2. Factual matrix of the case, in brief, are that the plaintiff/respondent instituted the Civil Suit seeking recovery of possession of suit property.
3. In the plaint, it was averred that Chintulal, the father of plaintiff Kalicharan purchased the suit property on 28-9-1953 by a registered sale deed. After obtaining the permission of the Municipal Council in the year 1971, he constructed a house on this property (hereinafter referred to as the suit house). It was also averred that Fodalia (grandfather of plaintiff) had two sons Chintulal and Rajore. Respondent/Plaintiff Kalicharan and Raghuveer are the sons of Chintulal. Appellant/defendant Ghanshyam is the son of Raghuveer who (Raghuveer) was adopted by his uncle Rajore and is still in possession of Raj
The burden of proof for a Will lies with the propounder, requiring clear evidence against suspicious circumstances surrounding its creation.
The court affirmed that a Will can be validated under Section 69 of the Indian Evidence Act when attestors are deceased, shifting the burden of proof to the opposing party.
The determination of property ownership validity relies on substantial proof of wills and the classification of property as joint or self-acquired.
The main legal point established in the judgment is that the validity of a Will must be proved in accordance with the law, and in its absence, the rights of the parties are governed by the applicable....
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