BABU RAM Vs. RAM SARUP

JUDGEMENT

(1.) THIS is a plaintiff s second appeal.

(2.) ACCORDING to the plaintiff Babu Ram, his father Amar Nath owned considerable property, moveable and immoveable and it had been partitioned between his sons. The partition aforesaid, however, did not affect the agricultural property which, as per the allegations of the plaintiff, was willed away by the said Amar Nath vide a valid will dated 25. 1. 1967. As Amar Nath was apparently not keeping well, he instructed his son Ram Sarup defendant/respondent No. 1 to move an application before the Sub Registrar, for registration of the will at home but the latter returned it for presentation on some other day. It is stated that Amar Nath died on 22nd February, 1967, before the will could be registered, though the will was registered after his death and the plaintiff/appellant had. secured an entry of the mutation on the basis of the aforesaid Will.

(3.) ON the pleadings of the parties, the following issues were framed :