JAGTA Vs. RULDU AND ANR.

JUDGEMENT

(1.) This appeal has been filed by the Defendant Appellant against the judgment and decree dated 1.9.1988 passed by Additional District Judge, Kurukshetra.

(2.) The land, in dispute, belonged to Basanta who died on 6.8.1984. Both the Plaintiffs -respondents and the Defendant Appellant are the sons of Basanta. The Plaintiffs filed a suit in the trial Court on 14.9.1984 and submitted that, as Basanta died intestate, the parties, being his legal heirs, obtained one third share each. The Plaintiffs pleaded for a decree for declaration that the Plaintiffs are owners in possession to the extent of two thirds share in the suit land.

(3.) In order to resist the suit, the Defendant filed written statement. He did not dispute the relationship between the parties, but added that Basanta executed Will Exhibit D -2/A dated 20.7.1961 and, as a result thereof, the Defendant inherited 169 Kanals 8 Marias out of the suit land and the Plaintiffs are owners of the remaining 40 Kanals of land.