RAM KISHAN Vs. GENERAL PUBLIC & OTHERS

JUDGEMENT

(1.) Plaintiff Ram Kishan having partly lost in both the Courts below has filed this second appeal. The dispute relates to inheritance of suit land from Roshan. The suit was filed on 13.02.2004. Case of the plaintiff-appellant is that Roshan was not heard of for 25 years preceding the filing of the suit and was presumed to have died. Plaintiff claimed ownership and possession of the suit land on the basis of Will dated 07.10.1977 allegedly executed in his favour by Roshan.

(2.) Defendants No. 2 and 3 contested the suit whereas defendant No. 1 is general public.

(3.) It was pleaded that Roshan Lal was not heard of for more than 40 years. Will dated 07.10.1977 set up by plaintiff was controverted. Defendants No. 2 and 3 claimed to be in cultivating possession of the suit land.