BUDHI RAM Vs. LACHHMAN AND ORS.

JUDGEMENT

(1.) THIS appeal by defendant (Budhi Ram) is directed against the judgment and decree, dated 17.1.2008, of learned Additional District Judge (first appellate Court), whereby dismissing the appeal of appellant -defendant, a declaratory decree to the effect that plaintiff is entitled to get his 1/3 share of the suit land, with further decree of injunction, passed by the trial Court in favour of respondent Lachhman, has been affirmed.

(2.) PLAINTIFF -respondent Lachhman, filed a suit for declaration, claiming himself to be joint owner of suit property, to the extent of 1/3rd share, in village Matwana and entitled to exclusive possession of area, equivalent to his share in the said property. By way of further relief, he prayed for issuance of permanent prohibitory injunction, restraining the appellant -defendant and one Hiru Ram, now represented by his legal representatives, proforma respondents herein, from raising any construction on the suit land, till partition.

(3.) THEREAFTER , suit out of which this appeal has arisen, was filed by the plaintiff. Plaintiff claimed 1/3rd share in the suit property, on the strength of Will Ex.P -1 and sought declaration that he was entitled to 1/3rd share in the entire suit property, situated in village Matwana.