KALU Vs. JAGAT RAM

JUDGEMENT

(1.) THIS is the plaintiff's regular second appeal filed under Section 100 of the Code of Civil Procedure. Plaintiff has assailed the concurrent findings of fact recorded by the Courts below.

(2.) THE appeal was admitted on the following substantial question of law:-

(3.) BASED on the pleadings of the parties, the trial Court framed the following issues: 1. Whether the mutation No. 219 dated 25.5.1992 attested in favour of defendants No. 1 to 5 on the basis of will dated 10.5.1978 is wrong, illegal, null and void, and not binding upon the rights of plaintiff as alleged? ....OPP 2. Whether the suit land/property is ancestral and joint Hindu family property and if so its effect? ...OPP 3. Whether the plaintiff is estopped from filing the suit on account of his act and conduct as alleged? .......OPD 4. Whether the suit of the plaintiff is bad for non- joining the total property of deceased Shri Budhu in the present suit, as alleged? ...OPD