SHUGAN CHAND Vs. BACHNI DEVI

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 23.11.2009, passed by the learned Courts below, vide which suit for declaration filed by the plaintiff/appellant, was ordered to be dismissed.

(2.) The plaintiff/appellant sought a decree of declaration by pleading that Paras Ram, father of the defendant/respondents was owner to the extent of 1/8th share in the land in dispute. Sh. Paras Ram did not have any male issue, therefore, was residing with the plaintiff/appellant, as there was no one to look after Sh. Paras Ram, as his two daughters i.e. defendants were already married. Out of love and affection Sh. Paras Ram executed a registered Will dated 14.3.1995, in favour of the plaintiff/appellant. The land was said to be in cultivating possession of the appellant even during the life time of Sh. Paras Ram.

(3.) The case of the plaintiff/appellant was, that he came to know about the sanctioning of mutation in favour of the defendant/respondents, when he went to get mutation sanctioned in his favour, on the basis of the Will executed in his favour.