HANS RAJ Vs. RAN SINGH

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree passed by the learned Additional District Judge, Solan on 23.3.2002 in Civil Appeal No.51 -S/13 of 2001.

(2.) Material facts necessary for adjudication of this regular second appeal are that the respondent/plaintiff (hereinafter referred to as the plaintiff - for convenience sake) instituted a suit for declaration and injunction that he was owner in possession of the suit land and the appellants/defendants (hereinafter referred to as the defendants - for convenience sake) had no right, title and interest over the same in any manner whatsoever, consequently defendants be restrained from interfering with the ownership and possession of the plaintiff over the suit land in any manner whatsoever. According to the plaintiff, Tara Chand alias Taru was owner in possession of the suit land comprised in Khata No.89, Khatauni No.104, Khasra Kitas 5, measuring 1 bigha 14 biswas situate in Mauza Kulhariwala, Pargana Doon, Tehsil Kasauli, District Solan. He died on 31.1.1996 leaving behind the plaintiff as his sole legal heir. According to him, Shri Tara Chand has adopted him as his son as per the custom prevailing in the area. He has been serving Shri Tara Chand. It is further averred by him that Shri Tara Chand had executed a Will in his favour out of love and affection. He has informed the Halqua Patwari about the factum of death of Tara Chand and requested him to enter a mutation of inheritance in his favour. However, the Halqua Patwari has entered the mutation in favour of the defendants. According to him, Shri Tara Chand had not executed subsequent Will dated 28.1.1996, Ex.DW -2/A in favour of defendant, Hans Raj.

(3.) The suit was contested by the defendants. According to the defendants, though the Will dated 20.4.1990 was executed, however, the same was revoked by execution of the subsequent Will dated 28.1.1996. According to them, the plaintiff has never approached the revenue authorities regarding the Will in his favour as he knew the fact of revocation of the Will executed in his favour by execution of a new Will dated 28.1.1996 in favour of defendants.