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TARLOK SINGH CHAUHAN
Jethu Ram – Appellant
Versus
Bhimu through her LRs – Respondent
Tarlok Singh Chauhan, J.—The plaintiff is the appellant, who aggrieved by the judgments and decrees concurrently passed by the learned courts below, has filed the instant appeal. The parties shall be referred to as the “plaintiff” and “defendant”.
2. Briefly stated the facts leading to filing of the present appeal are that late Bihu, husband of the defendant, on 28.6.1986 made a grant of the suit land/property in favour of the defendant on account of maintenance as finds recorded in Cr. Revision No.8M/85. This grant was upheld even by this Court in RSA No. 266/2004 and thereafter the defendant obtained the possession of the suit property in Execution Petition No.1X/05, decided on 27.5.2005. It was further averred that the grant made by late Bihu to the defendant was conditional to the effect that the same was till the life time of the defendant and she would not be able to transfer the same by way of sale, will, gift or in any other manner during her life time. Late Bihu made a registered will in favour of the plaintiff on 27.8.1982 vide which he was entitled to entire estate of Bihu and also as an adopted son, which fact was also mentioned in the will. Subsequently when t
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