BALDEV SINGH Vs. MADAN LAL AND OTHERS

JUDGEMENT

(1.) Plaintiff-appellant Baldev Singh, hereinafter referred to as the plaintiff, has filed the present appeal under the provisions of Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 18.4.2015, passed by the learned Additional District JudgeII, Una, District Una, Himachal Pradesh, in Civil Appeal No.66/2014/RBT 324/2014, titled as Baldev Singh v. Madan Lal and others, whereby judgment and decree dated 14.1.2014, passed by Civil Judge (Senior Division), Una, District Una, Himachal Pradesh, in Civil Suit No.37/14, titled as Baldev Singh v. Madan Lal and others, stands affirmed.

(2.) Plaintiff filed a suit claiming the suit land to be ancestral and in joint possession with his father Babu Ram. Plaintiff being the only son was to inherit the estate of his father. Defendants got mutation qua the suit land sanctioned in their favour, behind the back of the plaintiff, which is wrong illegal, null and void. In any event, the suit land being ancestral property in the hands of deceased Babu Ram (father of the plaintiff), could not have been alienated by way of will or otherwise.

(3.) Defendants contested the suit, stating plaintiff not to be the son of deceased Babu Ram. Allegedly, plaintiff having left the village 26 years back and never returned. Since the deceased was looked after by the defendants, he executed a registered will in their favour.