5. Mr.P.K.Verma, learned Senior Counsel with Mr.Virendra Verma, learned counsel for the appellants/plaintiffs, would submit that both the Courts below concurrently erred in overlooking and ignoring the overwhelming evidence available on record in which in paras-3 and 17 of her written statement defendant No.1 has clearly admitted the fact that the property is joint family property of Sahdewna, which Bhagbali and Raja were inherited and also by application dated 19.5.2006 (Ex.P-3) in which defendant No.1 has only claimed 1/2 share in the suit property before the Tahsildar, Marwahi, but looking to the dispute of title, the matter was referred to the Civil Court staying further proceedings of the matter, but the fact remains that even if the Will is concurrently held to be not proved by both the Courts below, then also the plaintiffs would be entitled for 1/2 share in the suit property. Learned Senior Counsel would further submit that even if the finding of two Courts below that defendant No.1-Jamunibai is daughter of Raja is accepted as it, though they are disputing, then also the plaintiffs would also be entitled for 1/2 share in the suit
