SANWAL Vs. KANHU RAM

JUDGEMENT

(1.) This order will dispose of RSA Nos.4700 of 1999 and 840 of 2000 as identical questions of law and fact are involved for adjudication. For facility of reference, facts are taken from RSA No.4700 of 1999.

(2.) Sanwal son of Smt. Patori has claimed inheritance to land measuring 31 kanals 16 marlas, detailed in para 2 of the plaint on the basis of testamentary succession i.e. Will dated 06.08.1979 purported to be executed by Smt. Patori. He also claimed permanent injunction in respect of the aforesaid land on the premise that he is owner in possession of the suit land and Kanhu Ram, his brother is threatening to take forcible possession of the same.

(3.) Another suit, subject matter of RSA No.840 of 2000 was filed by Kanhu and another seeking inheritance to share of Patori to the extent of 1/5th in land measuring 57 kanal 5 marlas, comprised in khasra numbers detailed in headnote of the plaint and land measuring 31 kanal 16 marlas.