KURDIA Vs. RAMESHWAR DASS

JUDGEMENT

(1.) THIS order shall dispose of RSA No. 1401 of 2003 and 47 of 1889 both titled Kurdia v. Rameshwar Dass and Ors., as common questions of law and facts are involved in both these appeals.

(2.) FOR the sake of brevity, the facts are taken from RSA No. 1401 of 2003. This regular second appeal is directed against the judgments and decree dated 13.5.1999 and 1.2.2003 passed by the learned courts below dismissing the suit filed by the plaintiff-appellant seeking declaration, that the plaintiff and defendant No. 5 are the owners, in equal shares, of land situated within the revenue estate of village Radaur which was earlier owned by Molar Ram son of Nathu. Smt. Bhajji was not owner or co-sharer with the plaintiff and defendant No. 5, and that the Will executed by her was not binding on the rights of the plaintiff and defendant No. 5, with a consequential relief of permanent injunction restraining the defendants No. 1 to 4 from claiming ownership and possession of the suit property.

(3.) IT was the case set up by the plaintiff that Molar grew very old and was unable to cultivate the land and to work any more, so he transferred all his property in favour of the plaintiff and defendant No. 5 vide mutation No. 1887 which was attested by the revenue officer on 17.6.1954.