BISHAN SINGH Vs. SWANTANTAR DEVI

JUDGEMENT

(1.) This Regular Second Appeal has been filed by the appellant-plaintiff against the judgment and decree of the Court of learned Additional District Judge, Una dated 24-12-1994, vide which the decree of the trial Court was set aside and plaint was ordered to be returned.

(2.) Briefly stated the facts of the case are that the appellant as plaintiff filed a suit for declaration to the effect that he is owner in possession of the land comprised in Khasra No. 1618/769, measuring 2 kanal 4 marlas after the death of Dalip Singh. It was alleged that the plaintiff has become owner in possession by way of a Will dated 21-4-1987 executed by one Dalip Singh who was owner in possession of the land and it was alleged that the entries showing Dalip Singh as tenant-at-will to the extent of 1/4th share in the suit land in the revenue record are null and void and have no effect on the rights of Dalip Singh or the plaintiff. It was further alleged that Dalip Singh has been coming in possession of the land as tenant-at-will on payment of rent and he had become owner of the suit land by conferment of proprietary rights under the tenancy law on 3-10-1975. The said Dalip Singh was being served by plaintiff and he had executed a valid Will in favour of the plaintiff who has become owner of the land.

(3.) Defendants-respondents took up the plea that Dalip Singh was never inducted as a tenant by them, nor he was in possession and there was no question of conferment of proprietary rights on him. The execution of the Will in favour of the plaintiff was also denied.