DAVENDER SINGH Vs. RAJENDER AND OTHERS

JUDGEMENT

(1.) The present appeal arises from the concurrent findings of the Courts below whereby the suit for declaration and consequential relief of possession, filed by the plaintiffs-appellants was dismissed.

(2.) The case of the plaintiffs-appellant was that they claim declaration being owners in possession of 63 kanals and 7 marlas of land, on the basis of registered Will No.673, dated 14.7.1986, Ex.PW 2/A, and also challenged the mutation Nos. 780 and 823 being illegal, null and void and not binding on them. It was alleged that Ganpat Singh-grand father of the plaintiffs- appellant and proforma defendant No.3, was the owner in possession of the land in dispute and the same was self acquired property of Ganpat Singh, who had expired on 26.1.1988. Thereafter, mutation No. 780 dated 8.10.1988 was sanctioned. The Ganpat Singh was also owner of another land measuring 39 kanals 11 marlas and in possession of the same. Smt. Rati Devi widow of Gajraj Singh executed ikrarnama on 4.10.1989 regarding partition.

(3.) Rati Devi executed said ikrarnama on behalf of the plaintiffs and proforma defendant No.3 and on the basis of said ikrarnama, mutation No.823 dated 16.8.1990 was sanctioned and defendant No.1-Raj Singh was shown owner in possession of 32 kanals and 12 marlas of land. It was further pleaded that on the demolition of the house of Ganpat Singh on 13.4.1998, the plaintiffs discovered the registered Will dated 14.7.1986 of deceased Ganpat Singh, which was in favour of the plaintiffs and proforma defendant No.3 and therefore, they claim the said declaration and challenged the mutation. In the suit it was further pleaded that defendant No.2-Mahavir Singh, uncle of the plaintiffs and proforma defendant No.3 used to look after the plaintiffs and therefore, they were not claiming the rights against defendant No.2-Mahavir Singh. Defendant No.1-Raj Singh was requested by the plaintiffs and proforma defendant No.3 to enter their names in the Revenue records on the basis of the Will but on his refusal, the present suit was instituted.