RAMESHWAR Vs. JAI LAL

JUDGEMENT

(1.) Rameshwar and Puran have filed this Regular Second Appeal against the judgment and decree of the learned Additional District Judge, Rohtak, by which the judgment and decree of the trial Court decreeing the plaintiff's suit, have been affirmed.

(2.) The plaintiff-respondent filed a suit for declaration on the grounds that Ram Sarup son of Molar was owner in possession of the suit land, that Ram Sarup died on 5th July, 1966, leaving behind the plaintiff as his only heir being his real brother, that the defendants had unlawfully got the mutation of the suit land entered in their name on the basis of a Will dated 7th February, 1966, alleged to have been executed by Ram Sarup in their favour, that the suit land is ancestral qua the plaintiff and Ram Sarup, that the parties are governed by custom in the matter of Will by which Ram Sarup deceased was not competent to dispose of the suit land by making any Will and that the plaintiff is entitled to the declaration of his right to succeed to the property of Ram Sarup as his heir.

(3.) The suit was contested by the defendants. On the pleadings of the parties, the following issues were framed :-