the original plaintiff’s allegations. It was pleaded by them that 50 years before, mutual partition had taken place among Laxmi Prasad, Ishwar Prasad, Bharatlal and Narmadabai. In the year 1956, Narmadabai became widow. On account of that, for her maintenance, total 1.69 acres land had been given to her which was cultivated by Ishwar Prasad and he looked after maintenance of Narmadabai. Some of the land were sold by Ishwar Prasad to Dayaram and Vishwanath for the maintenance of Narmadabai. So far as the land which has been given to Narmadabai for maintenance it has been registered in the revenue record jointly. After death of Narmadabai, during the partition among Ishwar Prasad, Laxmi Prasad and Bharatlal, her share came to them equally. Thus, Narmadabai had no right to execute any will in favour of anyone. By playing fraud, original Appellant/plaintiff Jawaharlal got the aforesaid will executed in his favour from Narmadabai. As per the pleadings of the parties, the Trial Court framed issues and after recording evidence and hearing the parties, allowed the suit and held that the land bearing Khasra No.150 area 0.66 acres, Khasra No.1034/1 area 0.25 acres, Khasra No.515/1 area 0.03 acre, Khasra No.93 area 0.04 acre, Khasra No.552 area 1.26 acres, Khasra No.710/1 area 0.40 acre, Khasra No.925 area 0.09 acre, Khasra No.801 area 0.02 acre, Khasra No.916 area 0.06 acre, total area 3.35 acres belonged to Narmadabai and as per the will (Ex.P1) the above land came in share of the original Appellant/plaintiff Jawaharlal and the Trial Court declared that the original Appellant/plaintiff is the title holder of the said land and a decree for permanent injunction has also been drawn against the
