The appellant filed a suit for declaration that she was the owner of the house in dispute on the strength of the Will dated 20th January, 1975 executed by her husband Shri Mahadev Prasad making her the absolute owner and since the defendant number.
The submission on behalf of the appellant is, the house in question was purchased by the three brothers, namely, Mahadev Prasad, Bihari Lal and Sant Ram jointly out of their own income, thus question of this house being an ancestral property does number arise.
1 to 4 that Kedarnath was the owner of the house and they have perfected their title by adverse possession.
1 to 4 were interfering with her possession, injunction was sought and in the alternative, for possession.
The trial companyrt decreed the suit, holding the Will to be genuine and the appellant absolute owner of the disputed house and the property.
Kamla Devi, the present appellant, has only life estate and was entitled only to the extent of 1/6th share in the house.
An appeal was filed by the said defendants before the High Court which was allowed in part.
In the said partition, the disputed properties were allotted to Mahadev Prasad.
It is number in dispute that there has been partition among the brothers subsequent to the purchase of this house in the year 1962.
The High Court, while companystruing the Will, held that Smt.
It rejected the case of the defendant Nos.
Aggrieved by this, present appeal has been filed.
