Madhya Pradesh High Court
Ghanshyam Singh vs Smt. Rajkali on 9 October, 2025
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 9 th OF OCTOBER, 2025
SECOND APPEAL No. 1138 of 2019
GHANSHYAM SINGH AND OTHERS
Versus
SMT. RAJKALI AND OTHERS
Appearance:
Shri Ashok Choudhary - Advocate for the appellants.
Shri Ramsuphal Chaturvedi - Advocate for the respondents 1-4.
Shri Abhinav Tiwari - Panel Lawyer for the respondent 5/State.
ORDER
This second appeal has been preferred by the appellants/defendants
challenging the judgment and decree dated 11/3/2019 passed by Additional
District Judge, Tyonthar, District Rewa in Regular Civil Appeal
No.100042/2015 reversing the judgment and decree dated 26/3/2015 passed
by Civil Judge Class-II, Tyonthar, District Rewa in Civil Suit No.54A/2009,
whereby Trial Court dismissed the respondents 1-4/plaintiffs' suit filed for
declaration of 1/6 equal share, for declaring the Will dated 6/4/2009 as null
and void as well as for permanent injunction and in civil appeal filed by the
plaintiffs, First Appellate Court has decreed the suit holding the plaintiffs to
be entitled for 1/6 equal share by declaring the Will dated 6/4/2009 (Ex.D/1)
as null and void.
2. Learned counsel for he appellants/defendants submits that
undisputedly the suit land area 4.15 acres belonged to Ramshiromani and he
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prior to his death on 12/4/2009, executed a Will on 6/4/2009 (Ex.D/1) in
favour of defendants 1-3 and 5-6, so, they are exclusive owners of the suit
property. He submits that Trial Court, upon due consideration of the entire
material available on record including oral testimony of attesting witness-
Jawaharlal (DW-2), rightly found the Will as a proven document, but First
Appellate Court has committed an illegality in reversing the findings
recorded by Trial Court in respect of proof of Will and has committed an
illegality in decreeing the suit. With these submissions, he prays for
admission of the second appeal.
3. Learned counsel appearing for the respondents 1-4 supports the
impugned judgment and decree passed by First Appellate Court and prays for
dismissal of the second appeal.
4. Heard learned counsel for the parties and perused the record.
5. Undisputedly, Ramshiromani was owner/Bhumiswami of the land
in question and was survived by wife Rajkali (plaintiff 1), sons Gulab Singh
(plaintiff 2), Indramani Singh (whose LRs. are Bitolwa-plaintiff 3 and
Rakesh Singh-plaintiff 4), Harishchandra Singh (defendant 7, whose LRs. are
Ghanshyam-defendant 1, Karna Singh-defendant 2 and Smt. Kamla Kanti
defendant 3), Ramnaresh (whose LRs. are Smt. Somvati-defendant 4 and
Rajesh-defendant 5) and Diwakar Singh (defendant 6). If there is no Will,
then all the aforesaid legal heirs are entitled to succeed the property having
equal share. Although Trial Court has found the Will in question to have
been proved in accordance with law, but First Appellate Court has, in detail,
considered the oral evidence adduced on behalf of the defendants regarding
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proof of Will vide paragraphs 24-43 and found that the Will dated 6/4/2009
(Ex.D/1) is not proved in accordance with the provisions of Section 68 of the
Evidence Act and Section 63(c) of the Indian Succession Act and is also
surrounded by several suspicious circumstances, which have also not been
removed by the defendants.
6. Even after arguing at length, learned counsel for the appellants has
not been able to point out any illegality or perversity in the findings recorded
by First Appellate Court and upon perusal of the entire record, this Court
also does not find any illegality in the impugned judgment and decree passed
by First Appellate Court.
7. Resultantly, in absence of any substantial question of law, this
second appeal fails and is hereby dismissed .
8. Pending application(s), if any, shall also stand disposed of.
(DWARKA DHISH BANSAL)
JUDGE
Arun*
