KARAMJIT SINGH Vs. HARJIT SINGH AND ANOTHER

JUDGEMENT

(1.) The appellant-defendant is aggrieved of the concurrent findings of fact, whereby the suit of the respondents-plaintiff for declaration to the effect that he is owner in exclusive possession of one house situated in abadi Circular Road, Kapurthala, comprising khewat No. 136, Khatauni No. 192, Khasra No. 5918/4979/1-0 with consequential relief of permanent injunction restraining the defendants not to forcibly dispossesses the plaintiff out of house, has been decreed by both the Courts below.

(2.) It would be apt to give preface of the matter before adverting to the rival contention of learned counsel for the parties.

(3.) The respondents-plaintiff instituted the aforementioned suit on the ground that he was the owner and possession of the house described under the head note of the plaint in terms of the unregistered Will dated 06.10.1977. Ralla Ram, father of the plaintiff was the owner of the house. He died on 04.04.1984 and executed the aforementioned Will. As per Will, he had given one plot measuring 10 marlas to defendant No. 1 and gave 10 marlas plot to his daughter Sharan Devi/defendant No. 2. The remaining property was given to the plaintiff, thus, the defendants have no concern. When the defendants tried to forcibly dispossess, the suit aforementioned was filed. The defendants contested the suit on the ground that it was not maintainable and not properly valued. On merits, it was stated that the ownership of the plaintiff was denied by virtue of the Will dated 06.10.1977, but stated that he had become the owner in possession of the house by virtue of the Will dated 10.11.1981 and did not deny the 10 marlas' plot given by his father and he was in possession thereof. The parties were at variance and the trial Court framed the following issues:-