NAR SINGH DASS Vs. VIR BHAN

JUDGEMENT

(1.) (Oral) - The present Regular Second Appeal is directed against the judgment and decree dated 17.1.1989 passed by the Lower Appellate Court, Sonepat whereby the appeal of the defendant was allowed and the suit of the plaintiff was dismissed on the ground that he was not legal heir of Bahadur Chand.

(2.) A suit for recovery of Rs. 2800.00 plus interest to the tune of Rs. 1000.00 was filed on the basis that two pronotes for Rs. 1400.00 each had been executed by Vir Bhan, defendant in favour of Bahadur Chand on 25.8.1980. The said Bahadur Chand had expired on 11.10.1980 and the suit was filed on 26.8.1983 the strength of unregistered will dated 23.6.1980 that the plaintiff was to succeed to all the properties left by Bahadur Chand deceased. The defendant-respondent admitted the factum of pronotes but took the plea that amount had been paid back for which he also examined two witnesses, namely, Gopi Ram and Ram Bhaj as DW2 and DW 3 respectively.

(3.) The trial Court framed the following issues:-