RAMZANI Vs. ABAD SHAH

JUDGEMENT

(1.) The plaintiff -respondent filed the present suit for declaration and injunction and, in the alternative, for possession of half -share of the agricultural Land in dispute, on the allegations that one Ashag Hussain was the non -occupancy tenant of this land. He entered into a Karewa marriage with one Smt. Shakuri, but no child was born out of this union. The plaintiff claimed that he is entitled to succeed to the estate left by his grandfather Ashag Hussain in view of the fact that he was the son of Imdad Ali alias Bedal while the defendant Ramzani was a Pichhlag who came with Smt. Shakuri at the time of the entering into the Karewa marriage with Ashag Hussain and as such has no title whatsoever to this property. It was further asserted that the defendant in collusion with the Halqa Patwari got a mutation of non -occupancy tenant sanctioned in this favour in respect of one -half share of the land, when in fact he was not in possession of it. The suit was resisted by the defendant inter alia on ground that the plaintiff is not the grand -son of Ashag Hussain and, as such, has no locus standi to file the suit. A plea of relinquishment was also taken.

(2.) On the pleadings of the parties, the trial Court framed the following issues : - -

(3.) The trial court dismissed the plaintiff's suit as under issue No. 1 it came to the conclusion that he is not the grand -son of Ashiq Hussain. On appeal, this finding of the trial court was reversed by the lower appellate Court. As a result thereof, the plaintiff's suit was decreed. Feeling aggrieved with the same, the defendant has come up in second appeal to this Court.