LAWS(P&H)-2008-12-120

AMAR SINGH Vs. LAJYA DEVI

Decided On December 19, 2008
AMAR SINGH Appellant
V/S
LAJYA DEVI Respondents

JUDGEMENT

(1.) THIS regular second appeal filed by the plaintiff is directed against the judgment and decree dated 17.1.1984 passed by the first appellate court whereby that of the trial court dated 24.9.1983 decreeing the suit of the plaintiff for declaration was set aside and the suit of the plaintiff was dismissed.

(2.) SHORN off unnecessary details, the relevant facts of the case are that plaintiff Amar Singh filed a suit for declaration to the effect that he was owner in possession of the land measuring 46 kanals 8 marlas situated in the revenue estate of village Kapahat, Tehsil and District Hoshiapur (for short the "suit land") on the averments that his father-in-law, Munshi Ram, a retired Patwari, was the owner of 856 kanals 15 marlas of land, out of which he bequeathed the suit land in his favour by executing a Will dated 14.6.1981 for the services rendered by him and his wife Raksha Devi, defendant No.4, to said Munshi Ram and the remaining land to all of his four daughters. Munshi Ram died on 19.11.1981 leaving behind four married daughters. It was pleaded that the plaintiff got the mutation entered on the basis of the Will dated 14.6.1981 which was contested by the other heirs and the revenue authorities disbelieving the Will sanctioned the mutation in favour of all the heirs on the basis of natural succession, which necessitated the plaintiff to file the present suit.

(3.) FROM the pleadings of the parties, the following issues were framed by the trial court :- "1. Whether deceased Munshi Ram executed a valid Will in favour of the plaintiff ? OPP 2. Whether the plaintiff is entitled to the declaration as prayed for ? OPP 3. Relief."