CHARAN DAS Vs. GORAKH NATH

JUDGEMENT

(1.) Heard learned Counsel and with his assistance records of both the courts below have also been examined.

(2.) A suit was filed by the present Appellant against the Respondents claiming that the will Ex. D-1 purported to have been executed by the father of the parties to this appeal is not binding on him so far the tenancy land was concerned. And thus liable to be so declared and set aside. And this land further needs to be equally shared by all the three brothers who are parties to this case.

(3.) Before proceeding further with this case, it may be appropriate to notice that so far the aforesaid will Ex. D-1 is concerned, Appellant is also one of the beneficiaries there Defendant qua the land which is ancestral in nature.