AHAD WANI Vs. RAMZAN GANAI

JUDGEMENT

(1.) THIS is a civil second appeal against the decree passed by the learned District Judge, Anantnag dated 9 -8 -1968 whereby he accepted an appeal against a decree passed by the Sub Judge Anantnag, on 23 -6 -1965. (The respondent had brought a suit against the appellant for possession of 63 kanals 5 marlas of land in Khewat No. 89, 3 marlas in 90, 15 marlas in 91, 1 kanal 13 marlas in number 92, 59 kanals 17 marlas in 93, 14 marlas in 118 and 13 marlas situate in village Shangas) left behind by Rasul Ganai and a declaration that the defendant No. 1 Ahad Wani was not the Pissar -Parwarda of Rasool Ganai. The plaintiffs, averred that Rasool Ganai, their collateral had died issue -less and the plaintiffs and the proforma respondents other than respondent No. 1 were entitled to his property described above, the defendant No. 1 was giving himself out as Rasools Pissar -Parwarda which in fact he was not.

(2.) THE present appellant Ahad Wani stated that he was the Pissar -Parwarda of Rasool Ganai and the deceased had executed a will in his favour on 31 -1 -2002. He was entitled to the property of the deceased.

(3.) ON the pleadings of the parties, the following issues were framed: 1. Whether Rasool Ganai deceased had executed any will in favour of Ahad Wani, if so, what was its effect upon the suit ? 2. In case of proof of issue No. 1, whether Ahad Wani was entitled to get the land left behind by Rasool Ganai. If so, to what extent? 3. Relief.