LAWS(P&H)-2006-8-215

DHARAM VIR Vs. BAHADUR SINGH

Decided On August 25, 2006
DHARAM VIR Appellant
V/S
BAHADUR SINGH Respondents

JUDGEMENT

(1.) THIS appeal has been placed before us in pursuance of order of reference by one of us (Adarsh Kumar Goel, J.) dated 5.10.2004 on account of conflict of decisions on the question of alienability of 'dohli' tenure. The order of reference is as under :-

(2.) BAHADUR Singh, plaintiff filed suit for declaration to the effect that Will dated 22.12.1969 in favour of appellant Dharamvir was void and inoperative against the interest of the plaintiff and that plaintiff was 'dohlidar' of 3/4th share of land mentioned in the suit and 2/3rd share in the tubewell and was, thus, entitled to injunction restraining appellant-defendant No. 1 from interfering in the rights of the plaintiff. One of the grounds for questioning the Will was that Prithi Singh, deceased was not owner but 'dohlidar' and had no right to execute Will. Suit was contested by the appellant, Dharamvir. Following issues were framed :-

(3.) WE have heard learned counsel for the parties and perused the record.