MOHD DIN Vs. SAYED AHMED

JUDGEMENT

(1.) THE appellants Mohammad Din son of Yussuf Dhobi, Saddar Din son of Bhola Gujjar, Ihseau son of Nannu and Majroo son of Durga Lohar, residents of Puria Tehsil Reasi, who, are tenants of certain parcels of land situate in village Journal Pouni Tehsil Reasi belonging to one ghaswar son of Butta, resident of village Dowaan Tehsil Reasi who died issueless in June 1963, brought a suit on 22nd December 1964 in the court of the Subordinate Judge at Reasi for declaration to the effect that Shahsawar had died intestate, that the will dated 30th May, 1963 alleged to have been made and executed by Shahswar in favour of Saidullah, defendant -respondent was a forged one and that on the death of Shahswar the estate left by him did not devolve on the respondent but escheated to the State. The appellants also prayed for a permanent injunction restraining the respondent from claiming or realizing the rent due from them and interfering with their possession.

(2.) THE suit was resisted by the defendant inter -alia on the ground that Shahswar died at Pouni in June 1963, that the land left by Shahswar had been mutated in his name vide mutation No. 385 dated 22nd December 1963, attested by the Tehsildar, Reasi, on the basis of the will dated 30th May, 1963, duly executed by Shahsawar in his favour, that the plaintiffs had no right to challenge the will ; and that the suit had been brought by the plaintiffs with the ulterior object of grabbing the lands under their tenancies and of depriving him of his just rights under the will. On the pleadings of the parties, the following issues were framed by the learned trial court. 1 Whether Shahsawar had duly executed the will dated 30th May 1963 in favour of the defendant ? O. P. D. 2 Whether the conduct of the plaintiffs amounted to estoppel? If so, what is its effect on the suit? O. P. D.

(3.) WHETHER the suit had been properly valued for the purpose of court fees ? O. P. D.