ASHOK DUTT Vs. SRI CHAND

JUDGEMENT

(1.) This is a plaintiff's second appeal arising out of a suit filed seeking a declaration of his title to the property in question on the basis of a registered will dated 05.02.1982. A decree for possession was also claimed in case the plaintiff was found to be out of possession.

(2.) It was a plaint case that the property in question belonged to one Bakhtawar Singh, who had executed a will in favour of Shrish Dutt, Rajendra and Devendra @ Pappu sons of Raghuveer Singh. This will was revoked and a will in favour of his sons was subsequently executed. Bakhtawar Singh, however executed a will on 05.02.1982 revoking the earlier wills and in pursuance thereof, the plaintiffs became the owners in possession of the property of Bakhtawar Singh. This will pertained both to agricultural and non agricultural properties.

(3.) It is submitted that the Consolidation Courts accepted the will after its marginal witness was produced and examined. The instant suit pertains to non agricultural property under the same will which has been accepted by the Consolidation Courts.