RAM SINGH Vs. RAM SWARUP AND OTHERS

JUDGEMENT

(1.) This is the plaintiff's second appeal assailing the judgments of both the Courts below.

(2.) It is necessary to notice the facts first. The plaintiff filed a suit for declaration on a plea that Ram Devi (his father's sister) had executed a Will on 5.3.1984 bequeathing the moveable and immovable property upon him. An entry was made in the bahi and she had put her thumb impressions. The plaintiff claimed that the defendants who were the son and daughter of Ram Devi had got a mutation entered in the revenue record but it did not affect his right. It was pleaded that Ram Devi had taken a loan of Rs. 4500/- from his father Hardev on 18.5.1977. It was agreed that she would repay the same with interest @ 2% per month which was never paid and she executed a Will giving the entire property to him.

(3.) The suit was contested by the defendants and it was pleaded that the plaintiff had never come into the possession of the property and Ram Devi had never executed a Will and the entry in the bahi was based on fraud and misrepresentation. The thumb impressions on the Will were also disputed. Plea of limitation and maintainability were also raised.