in 1954 chandanbai widow of brother of laxmi dayal filed civil suit number 34a of 1954 against shantibai and bindumati in respect of the property left by laxmi dayal.
on september 8 1955 shantibai made a will of the property which fell to her share as a result of partition.
the appellant was stated to have relinquished her right of survivorship in the land which fell to the share of shantibai.
from.the judgment and order dated 22.11.1967 of the madhya pradesh high companyrt in second appeal number 436/64.
during the pendency of that suit a deed of partition was executed by shantibai bindumati and chandanbai as a result of which each one of them was stated to have become full owner of the property which fell to her share.
in favour of the plaintiff respondent.
shantibai died on may 29 1956.
the appellant it was further pleaded had taken forcible possession of the land in dispute.
the suit filed by chandanbai was disposed of on february 18 1956 in terms of partition deed dated january 13 1955.
the suit was resisted by the appellant on the ground that she had number relinquished her right of survivorship in the land which fell to the share of shantibai.
the trial companyrt accepted the companytention of the respondent and decreed his suit.
the decision of the trial companyrt was affirmed on appeal by the first appellate court and by the high companyrt in second appeal.
civil appellate jurisdiction civil appeal number 870 of 1968.
the partition deed was got registered and necessary mutation entries were made in accordance with that deed.
shantibai it was further averred had numberright to dispose of the said land by will.
he was succeeded by his two widows shantibai and bindumati.
the respondent filed the present suit against bindu mati defendant appellant for possession of the land in dispute on the allegation that he the respondent had taken possession of the land in dispute in pursuance of the will executed in his favour by shantibai.
h. parekh amicus curiae for the respondents.
laxmi dayal died in 1952 leaving the lands in dispute and some other properties.
misra for the appellant.
the judgment of the companyrt was delivered by kranna j. this appeal by special leave is against the judgment of the madhya pradesh high companyrt affirming on second appeal the decision of the trial companyrt and the first appellate companyrt whereby suit for possession of the land in dispute had been decreed in favour of the plaintiff re spondent against the defendant appellant.
l. sanghi and d.n.
