RAM NARESH Vs. BACHCHI SINGH AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the records.

(2.) In original suit no. 64/1987 Ram Naresh v. Bachchi Singh & others, plaint case was that Hukum Singh was earlier owner in possession, cultivator and bhumdhar of disputed plots no. 628, 864, 868, 870, 944, 869 and 819 situated in village Dhumri and is. He had executed the will of said land in favour of plaintiff Ram Naresh (present appellant), who came in its possession as Bhumidhar. After the death of Hukum Singh, the plaintiff's name was mutated over this property. During proceedings under Section-145 Cr.P.C., the said land was attached and then released in favour of plaintiff. Defendants have no right title or interest in this property, but they are attempting to take unauthorized possession of it, therefore, the plaintiff had filed suit for permanent injunction.

(3.) In their written statements, defendants had denied the plaint case and pleaded that earlier owner of disputed property Hukum Singh had executed his last will dated 23.04.1971 in favour of his wife Smt. Ramlali who became owner and possession of disputed property after his death. On 20.11.1975 Smt. Ramlali had executed will of her whole property in favour of her sister Prema Devi, defendant no. 1. Then after the death of Ramlali, the defendant no. 1 Prema Devi came in possession of this property as owner. The plaintiff Ram Naresh has no concerned with this property, but after death of Hukum singh he had prepared a forged will on behalf of Hukum singh and got his name mutated by order of Tehsildar, but litigation had gone upto Board of Revenue where order of Tehslidar and Sub Divisional Officer were quashed and it was declared that plaintiff is not owner or bhumidhar of disputed agricultural land. Original suit is barred by Section-331 of U.P.Z.A. & L.R. Act and provisions of Section-34 of the Specific Relief Act and is liable to be dismissed.