POORAN SINGH Vs. NARAINI

JUDGEMENT

(1.) This writ petition is directed against the judgment and decree of trial court dated 1.6.1989 dismissing Suit No. 10/88-89 of petitioner for declaration of bhumidhari rights and judgment and decree of the first appellate court as well as second appellate court affirming judgment and decree of trial court.

(2.) The property in dispute belonged to Bhojraj. After the death of Bhojraj petitioner instituted a Suit under Section 229B/176 of the U.P.Z.A. and L.R. Act for declaration of bhumidhari rights on the ground that Bhojraj, who died on 17.11.1976, had already executed a registered Will on 3.7.1976 in favour of plaintiff (petitioner herein). It was also averred in the plaint that as defendants-Naraini and Mulo Devi, daughters of Bhojraj, got their names entered in the revenue records on the basis of undisputed successions, hence the suit.

(3.) Defendants (respondents-herein) denied plaint allegations and execution of Will relied upon by the plaintiff. They pleaded that they being daughters of Bhojraj inherited his property after his death.