VED PRAKASH Vs. FAQIR CHAND

JUDGEMENT

(1.) The instant appeal filed by the plaintiff is directed against the judgment and decree dated 19.1.1989 passed by the learned Additional District Judge, Faridkot, whereby the first appeal of the plaintiff was dismissed upholding the judgment and decree dated 5.6.1986 passed by the learned Additional Senior Sub-Judge, Moga, dismissing the suit for declaration and permanent injunction.

(2.) Brief recapitulation of the facts is as follows:

(3.) The defendant filed his written statement taking the plea that the suit was barred under the provisions of Order 2 Rule 2 of the Code of Civil Procedure ('Civil Procedure Code' for short). He further alleged that the site plan was not according to the factual position obtaining at the site. The suit was not properly valued for the purposes of court fee and jurisdiction. Five daughters and widow of Kundan Lal were necessary parties, but had not been impleaded. The suit property was the self acquired property of Kundan Lal. The plaintiff was living separately from Kundan Lal for the last 30 years. Kundan Lal never effected any partition. The defendant further pleaded that Kundan Lal executed a registered Will dated 16.5.1983 bequeathing all his property in favour of the defendant. The plaintiff was residing at Lucknow for the last 25 years. The defendant further pleaded that he was in possession of the entire house as owner. On completion of the pleadings of the parties, the learned trial court framed the following issues:-