JUDGMENT

Appellant-Defendant No.1-Smt. Kamla Devi filed this first appeal under Section 96 of Civil Procedure Code feeling aggrieved by the judgment and decree dated 08.09.1989 passed in Civil Suit No.36/1984 by the Court of Additional District Judge No.1, Jaipur City, Jaipur whereby and whereunder civil suit for declaration, possession and permanent injunction filed by the respondent No.1-plaintiff in relation to the movable and immovable properties of late Smt. Sahodara Devi has been decreed in his favour and against the appellant-defendant No.1 in following manner:—

2. Heard learned counsel for both parties at length and perused the impugned judgment as also scanned the material on record.

3. The principal point emerges for consideration in the present case is that who would succeed the suit properties left by Smt. Sahodara Devi? From the record, it is indisputed that Smt. Sahodar Devi died issue-less on 04.03.1977 and her husband, father and mother pre-deceased her. Appellant-Defendant No.1-Smt. Kamla Devi who happens to be daughter of her sister, has succeeded in legal proceedings initiated by her under Section 192 of the Indian Succession Act, 1925 on the basis of ‘Will’ of Sm