PURAN Vs. AKHE RAM

JUDGEMENT

(1.) Plaintiffs are in appeal.

(2.) Plaintiffs filed suit for declaration to the effect that they are exclusive owners in possession of the agricultural land as detailed out in the head-note of the plaint. It was pleaded by the plaintiffs that plaintiffs and the defendant are sons of Jawahara. Their father executed Will dtd. 22/5/1967 in favour of the plaintiffs. Mutation was sanctioned in favour of defendants to the extent of 1/4th share on 28/8/1970, which was a result of fraud and misrepresentation. It is the case of the plaintiffs that their father Jawahara used to cultivate the suit land, measuring 454 bighas and 19 biswas. During the life-time of Jawahara, defendant separated himself and was given 117 bighas and 07biswas of land. On 22/5/1967, Jawahara executed a Will in favour of the plaintiffs. Jawahara died in the year 1969 and on the basis of the Will, plaintiffs inherited the suit land. Defendant being Lambardar of village got mutation No.159 entered in his favour. As per which, the plaintiffs as well as the defendant succeeded to the equal share in the estate left by Jawahara.

(3.) Suit was contested by the defendant, who claimed that he is in possession of specific killa numbers and is in possession of suit land to the extent of 1/4th share. Execution of Will as propounded by the plaintiffs was denied. On the basis of the pleadings, the following issues were framed:-