SUSHIL KUMAR Vs. JAGDISH RAM

JUDGEMENT

(1.) Appellant was plaintiff in the trial court and is being referred to as such. Suit was filed by him against the respondent, who is being referred to as the plaintiff hereinafter. This was for declaration claiming himself to be the owner in possession of the land measuring 9 bighas 4 biswas together with house and Oberas (cow -sheds), as detailed in the plaint; And the revenue entries showing the defendant to be owner in possession were absolutely wrong, illegal, null and void, thus not binding on him and had no effect on plaintiffs rights.

(2.) Gopi Ram was admitted owner of the suit property. He died on 3.9.1987.

(3.) Plaintiff claimed to have performed his (Gopi Rams) last rites. Since the deceased was being looked after by the father of the plaintiff, Shakat Ram, and was aged 65 years, had gangrene, was a weak and feeble man, thus was unable to understand his well being. He was issueless. Renu Devi was his widow per plaintiff, thus his natural heir. As a result of services rendered by father of the plaintiff, i.e. Shakat Ram, Devi Ram executed will in his (plaintiffs) favour of the suit property. It was registered at Sr. No.34 on 3.12.1986 with the concerned Sub Registrar. This will was executed of his own accord, free will and volition by deceased Gopi Ram. Thus, plaintiff claimed to have become owner after the death of Gopi Ram. Plaintiff further pleaded that he is enjoying property trough his mother, Asha Devi, being himself a minor.