NIKKU RAM Vs. BUDHI RAM

JUDGEMENT

(1.) The appellant assails judgment and decree dtd. 28/9/2011 passed by learned District Judge,

(2.) The parties herein shall be referred by the same status as they held before the learned trial Court. The appellant herein is the plaintiff and respondents No.1 and 2 are the defendants and respondents No.3 and 4 are the proforma defendants.

(3.) Plaintiff filed a suit seeking declaration to the effect that plaintiff and proforma defendants were owner in possession of the suit land on the basis of Will dtd. 16/3/1999 executed by late Shri Samundu with further declaration to declare the Will dtd. 3/4/1999 of Shri Samundu as null and void on the ground that Shri Samundu did not execute the said Will with free mind or without pressure. A decree of permanent prohibitory injunction was also sought against the defendants from causing any interference in the suit land and the house situated thereon. In the alternative a decree of possession, in case of dispossession of the plaintiff during the pendency of the suit was also prayed for.