JIWAN RAM Vs. KANTA

JUDGEMENT

(1.) This Regular Second Appeal is filed by the plaintiff, whose suit has been dismissed by both the courts. The appellant's suit was for declaration to the effect that he is in exclusive possession of the suit land measuring 31 kanals 7 marlas, fully detailed in the head-note of the plaint.

(2.) The aforesaid declaration was sought by him on the ground that the land in dispute was previously owned by Kanhiya, who executed a will in the appellant's favour on 25.9.1975. Kanhiya was the real brother of the appellant's father. The appellant, however, has been non-suited by the courts below on the ground that though the above stated will was executed by Kanhiya bequeathing the land in favour of the appellant, however, later on, he suffered a consent decree in the civil court on 6.11.1993 passed in civil suit No.776 of 1993, titled as "Ram Kumar v. Kanhaya" in terms whereof, the land in dispute was equally distributed amongst the appellant and his brothers inasmuch as 1/4th share was given by Kanhiya to the sons of the appellant whereas the remaining shares to respondents No.1,2 and 3, who are none else than the brothers of the appellant.

(3.) This being a concurrent finding of fact returned by both the courts, hardly any question of law, much less a substantial question of law, arises for consideration of this Court.