KESAR BAI Vs. RAN SINGH

JUDGEMENT

(1.) The defendants have filed this Regular Second Appeal against the judgment and decree passed by District Judge. Rohtak, vide which the appeal filed by the plaintiff-respondent against the judgment and decree of the trial Court was allowed and suit of the plaintiff-respondent was decreed.

(2.) The brief facts of the case are that one Mauji Ram was owning 30 Bighas of land. He was having three sons and two daughters. On 9-1-1985, he expired. On 22-2-1985, the mutation of his inheritance was sanctioned in favour of all his three sons and two daughters in equal share on the basis of natural succession. Subsequently, one of his sons, namely Ran Singh (plaintiff-respondent), contested the aforesaid mutation in the Revenue Court. He set up a Will dated 18-12-1984 alleged to have been executed by the aforesaid Mauji Ram bequeathing 15 Bighas of land out of the aforesaid 30 Bighas in his favour in lieu of the services rendered by him; and the remaining 15 Bighas were given to his other two sons. The said Will was unregistered. The Revenue Court did not find the said Will as a genuine document and held the same to be a forged one. Therefore, vide order dated 15-9-1987, passed by the Assistant Collector IInd Grade, the sanctioning of aforesaid mutation in favour of all the legal heirs of deceased Mauji Ram was confirmed and the aforesaid Will was rejected.

(3.) After failing in the revenue Court, the plaintiff-respondent filed the present suit for permanent injunction and declaration on 14-10-1987 by alleging therein that 20 years ago, his father gave him 15 Bighas of the agricultural land in a family settlement. The Girdawari of the said land was sanctioned in his name. Thereupon, he became owner in possession of the said 15 Bighas of land. It was further alleged by the plaintiff-respondent that the defendants were raising objections to the aforesaid land given to him in the family settlement. Ultimately, while confirming the said family settlement, his father executed a Will dated 18-12-1984 in his favour by giving him 15 Bighas of land under the said Will. But the said Will was illegally not recognised by the revenue authorities and the mutation of the land owned by his father was wrongly sanctioned in favour of all of his legal heirs in equal shares and the said mutation is wholly illegal, null and void and the same is not binding upon his rights. It was further alleged that under the guise of the aforesaid mutation, the defendants, who are the remaining sons, daughter and son of a deceased daughter of Mauji Ram, are trying to dispossess the plaintiff-respondent from 15 Bighas of land which was given to him by his father, which necessitated him to file the present suit. The plaintiff also prayed for a decree for declaration to the effect that he is owner in possession of 15 Bighas of land mentioned in the plaint and the defendants are having no right, title or interest in the same and the mutation dated 22-2-1985 sanctioned in their favour qua the aforesaid 15 Bighas of land is illegal, null and void and not binding on his rights.