MANOHAR LAL Vs. KEWAL KRISHAN

JUDGEMENT

(1.) Plaintiff Manohar Lal having failed in both the courts below has filed the instant second appeal. Plaintiff's grand-father Harbhaj Rai was owner of the suit land measuring eight kanals and half marla. Harbhaj Rai had five sons i.e. defendants no. 1 and 2, Mool Raj predecessor of defendants no. 3 to 7, Jai Krishan predecessor of defendants no. 8 to 11 and Bal Krishan predecessor of plaintiff and defendants no. 14 to 18 and also had two daughters i.e. defendants no. 12 and 13. Harbhaj Rai executed registered Will dated 23.5.1969 in favour of all his five sons regarding his ancestral house. There is no dispute about the same.

(2.) The plaintiff-appellant in his suit alleged that Harbhaj Rai executed another Will dated 15.6.1969 in favour of the plaintiff-appellant alone regarding the suit land measuring eight kanals half marla. Accordingly, the plaintiff sought declaration that he is owner in possession of the suit land and also sought permanent injunction restraining defendants no, 3 to 7 from interfering in possession of the plaintiff over the suit land and from dispossessing him therefrom.

(3.) Only defendants no. 3 to 7 i.e. successors of Mool Raj contested the suit. Defendant nos. 1 and 2 were proceeded ex parte. Defendants no. 8, 12, 13 and 14 admitted claim of the plaintiff. No written statement was filed on behalf of defendants no. 9 to 11.