MUNSHI RAM Vs. SHER SINGH AND OTHERS

JUDGEMENT

(1.) The dispute in this Regular Second Appeal is about the succession to 8 bigha 13 biswas land belonging to Budhu Ram, who was a bachelor and obviously died issueless. According to the plaintiffs/respondents, he died intestate and claimed to have proportionately inherited the suit land alongwith defendants/ appellants in accordance with the provisions of Hindu Succession Act, 1956 (for short 'Act').

(2.) On the other hand, the appellants/defendants claimed to have succeeded to the suit land exclusively on the basis of a Will executed by Budhu Ram.

(3.) Looking at the order I propose to pass, it is not relevant to refer to the pleadings in detail. Suffice it to say that out of the pleadings to the parties, the learned trial Court framed the following issues on 19.6.1992: