SARWAN KUMAR Vs. ASHOK KUMAR

JUDGEMENT

(1.) APPELLANT Sarwan Kumar, hereinafter called "defendant", has preferred this appeal against the judgment and decree, dated 6.12.1994, of the Additional District Judge, whereby decree, dated 16.4.1993, passed by the trial Court, in favour of respondent-Ashok Kumar, herein after called "plaintiff", in a suit for declaration and in the alternative for possession, instituted by him against the appellant- defendant, has been affirmed.

(2.) RESPONDENT Ashok Kumar filed a suit for declaration that on the basis of a Will, dated 27.8.1987, executed in his favour by late Smt. Sita Devi he had acquired ownership of certain moveable and immoveable property, described in the plaint, forming part of the estate of said Sita Devi and that the possession of the said property was also with him. He stated that Sita Devi was his father's real sister and that she had executed the Will in respect of her estate in his favour. He claimed that the possession of the suit property was with him. In the alternative it was stated that in case the Court found that the plaintiff was out of possession, in that situation a decree for possession be passed, in addition to the decree for declaration.

(3.) TRIAL Court framed various issues on the pleadings of the parties and then proceeded to try the suit. Ultimately, it was held that the Will set-up by the defendant-appellant was shrouded by suspicion and that the Will propounded by the plaintiff was duly and validly executed. Consequently, the suit was decreed and a decree declaring the plaintiff as owner of the suit land and also for its possession was passed in his favour. Defendant filed an appeal. Learned Additional District Judge has dismissed the appeal.