By holding so, the trial companyrt accepted the execution of the Wills being Exhibit D/2 dated 07.12.1969 executed by Jaydevi in favour of Rajiv Verma and Rajat Verma and also Exhibit D/1 dated 23.10.1977 executed by Prabhavati in favour of Rajiv Verma and Rajat Verma.
Sanjeev Kumar, son of plaintiff Lajesh Saxena as also the plaintiff Lajesh Saxena filed appeals before the High Court in FA No.30/91 and FA No.31/1999, respectively.
NO.1 died on 10/10/2003 Plaintiff Shyam Kishori Verma Rajat Verma Rajiv Verma Meena Saxena Sanjeev Kumar Respondent No.5 The deceased first respondent herein plaintiff had filed the suit for partition on 26.02.1970 claiming 1/8th of the share in the family properties.
The trial Court by the judgment dated 31.01.1991 passed the preliminary decree for partition being Civil Original Suit No.71A/1984 and held that Plaintiff Smt.
Lajesh Saxena is entitled to get 1/12th share in the joint Hindu family property Defendant No.1 Ramesh Verma is entitled to get 1/3rd share in the property of Bhagwanprasad and 1/12th share in the property of Jagan Verma totalling 5/12th of the whole Defendant No.3 Rajiv Verma and defendant No.4 Rajat Verma are entitled to get jointly 1/12th share in the property of Prabhavati and 1/12th share in the property of Jaydevi i.e. total share in the joint Hindu family property.
The parties are related as under Bhagwan Prasad Das Smt.
Being aggrieved, Ramesh Verma since deceased through his legal heirs preferred these appeals.
Consequently, FA No.29/91 and FA No.30/91 filed by Ramesh Verma and Sanjeev, respectively, were disposed of.
After hearing the parties, the High Court vide its judgment dated 31.07.1991, allowed the appeal FA No.31/91 filed by Lajesh Saxena holding that plaintiff is entitled to 1/3rd share in stead of 1/12th share in the Joint Hindu Property.
Jaydevi Died in 1952 Widow died in 1972 Shri Jagan Verma Prabhavati Died in 1967 Widow died in 1984 Ramesh Verma Lajesh Saxena Def.
Being aggrieved by the judgment and decree of the trial Court, deceased Ramesh Verma preferred an appeal before the High Court of Madhya Pradesh FA No.29/1991 .
BANUMATHI, J. These appeals arise out of the companymon judgment of the High Court of Madhya Pradesh in First Appeal Nos.29, 30 31 of 1991 dated 31.07.1997.
