DEVI SARAN Vs. LOK RAJ AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of first appellate Court dated 21st August, 1975 whereby the decision of the trial Court was reversed and the plaintiff's suit was decreed.

(2.) The relevant facts are that Hazara Singh husband of Smt. Taro, defendant No. 6, and father of the remaining defendants except Devi Sharan, defendant No. 1, was the owner of land bearing Khasra No. 184 measuring 1 kanal 8 marlas situated in Village Tibber in District Gurdaspur. The plaintiff Lok Raj alleged that out of this land Hazara Singh bequeathed a plot measuring 4 marlas in his favour vide a will dated 10th September, 1963. He also took possession of this plot and laid foundation thereon in order to construct a residential room for himself. On the allegation that Devi Sharan, defendant No. 1 alleging himself to be the purchaser of this land from the widow and children of Hazara Singh was trying to oust him from the plot, the plaintiff brought a suit for perpetual injunction restraining the defendants from interfering with his lawful possession on the plot in dispute. The suit was contested by the defendants. They denied that Hazara Singh had executed any valid will in plaintiff's favour and pleaded that the successors -in -interest of Hazara Singh, defendant Nos. 2 to 7, had validly sold the land in dispute in favour of Devi Sharan, defendant No. 1.

(3.) The learned trial Court did not accept the validity of the will propounded by the plaintiff and dismissed his suit. The first appellate Court, however, reversed this finding and held that the execution and validity of the will in plaintiff's favour are duly proved. On this finding the plaintiff's appeal was allowed, the judgment and decree of the trial Court was set aside, and the plaintiff's suit was decreed. It is against this judgment and decree of the first appellate Court that Devi Sharan, defendant No. 1, has preferred the instant second appeal.