R.S. KASHYAP Vs. SUNENA SOOD

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) APPELLANT plaintiff, filed a suit for declaration that he was owner in possession of the land, as described in the plaint and hereinafter referred to as the suit land and that the order of conferment of proprietary rights, in respect of the suit land, upon late Smt. Shanti and the making of a Will in respect of the suit land by Smt. Shanti in favour of respondents No. 2 to 4 and the sale of a portion of the suit land by respondents No. 2 to 4 in favour of respondent No. 1, were illegal, void and of no consequence upon his rights and by way of further relief, he prayed for passing of a decree of possession of the suit land in his favour.

(3.) RESPONDENTS defendants contested the suit. They alleged that mutation had been attested in the presence of the father of the plaintiff on 17.5.1976. It was also alleged that the suit was barred by time, having been filed in the year 1993, whereas the mutation conferring the proprietary rights had been attested in the year 1976. Several other points were also raised, both by the defendants and the appellants which it is not necessary to take notice of for the purpose of the disposal of the appeal.