LAL CHAND Vs. VIKRAMA DEVI

JUDGEMENT

(1.) THE Appellant who has lost in both the Courts has assailed judgment, decree dated 14.3.2001 passed by learned District Judge, Kangra at Dharamshala in Civil Appeal No. 90 -D/XIII/1999, affirming judgment, decree dated 31.3.1999 passed by learned Sub Judge -1, Dharamshala, District Kangra in Civil Suit No. 282/93/90.

(2.) THE facts of the case in brief are that the Appellant had filed a suit for declaration with respect to suit property, more specifically described in the plaint on the basis of Will dated 17.9.1985 executed by his father Kalu. The Will is registered. It has been alleged that the Appellant is owner in possession of the suit property. The mutation No. 220 sanctioned on 15.6.1990 by Assistant Collector, Dharamshala, conferring proprietary rights on the Plaintiffs and Defendants in equal shares ignoring the Will dated 17.9.1985 is wrong and illegal.

(3.) THE Appellant filed replication and reiterated his stand taken in the plaint. On the pleadings of the parties, the following issues were framed: