SANTOSH Vs. RAM DULARI

JUDGEMENT

(1.) While assailing the concurrent findings of facts, arrived at by both the Courts below, the defendants have filed the present appeal.

(2.) Some facts are required to be noticed.

(3.) Late Sh. Surja was the owner of the property in question. He died issue-less and his wife pre-deceased him. In other words, he did not leave behind any Class-I heir. Late Sh. Rameshwar Dass (the plaintiff) filed a suit for grant of decree restraining the defendants from interfering in the possession over the agricultural land measuring 30 kanals and 3 marlas, which had fallen to the share of late Sh. Surja. The plaintiffs claim that late Sh. Surja had executed a testamentary disposition in favour of late Sh.Rameshwar Dass (his nephew).