GURDEV SINGH Vs. GULABOO

JUDGEMENT

(1.) This regular second appeal has been directed by the Defendant against the judgment and decree dated 6.5.1992 of the learned Additional District Judge (1), Kangra at Dharamshala, affirming the judgment and decree dated 17.9.1988 of the learned Sub Judge Ist Class, Dehra, passed in Civil Suit No. 316 of 1982.

(2.) The dispute between the parties pertains to the succession to the estate of one Mangtu son of Ghanaya who had died issueless in October/November, 1981. Shri Mangtu was the owner to the extent of 1/6th share in the land measuring 0-83-69 Hects. comprising of khata No. 65, Khatoni Nos. 250 to 253 (as detailed in jamabandi for the year 1977-78 Ex.P. 1 and hereinafter referred to as the land in dispute) of Mohal Manyala Upperla Tehsil Dehra in District Kangra. After the death of Mangtu, the land in dispute came to be mutated in favour of the Defendant on 16.7.1983 on the basis of a will alleged to have been executed by the deceased in favour of the Defendant on 8.10.1981.

(3.) S/Shri Gulaboo and Garibu, since deceased and the predecessors in interest of the present Respondents (hereinafter referred to as the Plaintiffs) claiming themselves to be the real brothers of the deceased Mangtu filed a suit, out of which the present appeal has arisen, claiming the following reliefs: