BASTI RAM Vs. RAMESH KUMAR

JUDGEMENT

(1.) The plaintiff filed Civil Suit bearing No. 36/1 of 2001 before the learned Civil Judge (Senior Division), Shimla. In the afore civil suit, he propounded the testamentary disposition of one Jewanoo Ram. The afore testamentary disposition was executed on 9.6.1991. The plaintiff also claimed therein rendition, of, a declaratory decree that he be declared, the, owner of the suit land, and, he further claimed rendition of a decree of possession, vis-a-vis, the suit khasra numbers. The plaintiff's suit became dismissed by the learned trial Court.

(2.) The plaintiff becoming aggrieved, reared an appeal thereagainst before the learned District Judge, Shimla. Upon Civil Appeal No. 67-S/13 of 2011, the learned first Appellate Court in its judgment made thereon, on 20.09.2013, upheld the validity of the Will made by the deceased testator, vis-a-vis, the plaintiff. However, in the operative part of its verdict, the learned First Appellate Court, made a declaration that Will, Ex.PW2/A, was operative only qua the property mentioned therein, inasmuch, as, qua the property which was a part of litigation between one Kaushlya and Jewanoo, and, as comprised in Khata No. 22 Khatauni No.31, Khasra No.17, situated at Mauja Matholi, Tehsil and District Shimla, H.P. However, a declaration was also made therein, that Ex.PW2/A, did not confer any title, as a legatee, upon, the plaitniff with respect to the land comprised in Khata No.3, Khatauni No.6, Khasra No. 205/111, situated at Mauja Matholi.

(3.) When the appeal came up for admission, this Court, on 24th April, 2014, hence, admitted the appeal instituted by the plaintiff/appellant, against the judgment and decree, rendered by the learned first Appellate Court, on the hereinafter extracted substantial question of law:-