DUNI CHAND Vs. PURAN CHAND

JUDGEMENT

(1.) THIS appeal, by the plaintiffs, is directed against the judgment and decree dated 30.9.1992 of the trial Court and dated 12.5.1994 of the First Appellate Court, whereby their suit for possession of the following properties, which they instituted against Puran Chand, respondent / defendant, has been dismissed:-

(2.) ADMITTED facts are that late Oat Ram, father of the plaintiffs and the respondent / defendant, was a co-owner of the aforesaid properties, in addition to land comprised in various Khewats. He made a Will, according to which some specified properties were bequeathed to the plaintiffs and the defendant. The plaintiffs are sons of said Oat Ram from one wife and the defendant from another. The Will was challenged by the defendant / respondent by filing a suit. That suit was dismissed and the Will was upheld.

(3.) THE plaintiffs / appellants filed the suit claiming that the suit property was the part of the house property, which according to the recitals of the Will was in occupation of the respondent / defendant at the time of execution of the Will, but had been given to them under the Will and since the defendant / respondent had constructed a house of his own about three ­ four years prior to the institution of the suit and he was liable to deliver the possession of the suit property to them.