MOHAMMAD UMAR Vs. ABDUL LATIF

JUDGEMENT

(1.) The suit of the plaintiff-respondent for a declaration that he is the owner of the agricultural land situate in Village Sewa Kheri and Noorwala as also the houses and shops situate at Panipat as described in the plaint, having been decreed by the learned trial Court and the appeal filed by the defendant-appellants having been dismissed by the learned lower appellate Court, the said defendants have come up in this second appeal to this Court. A few facts may be noticed.

(2.) Mohammad Yusaf Ali Khan owned agricultural land including land measuring 154 kanals 4 marlas in Village Sewa Kheri and land measuring 38 kanals 4 marlas in Village Noorwala. He also owned two shops and house as described in the plaint at Panipat. On April 15, 1968, he executed a Will by which a part of the agricultural land was given to Mohd. Umar. The shop bearing No. R-259/W/11 and the house bearing No. R-249/W/11 were given to Bundu. The second shop bearing Municipal No. R-260/W/11 was bequeathed in favour of Rahit Ali Khan. The remaining land was given to Madarsa Islamia Panipat and Madarsa Darul Alum Deoband (Appellant Nos. 2 and 3). The said Mohd. Yasuf Ali Khan died on June 16, 1968. After his death, mutation of the property mentioned above was entered in favour of the defendant-appellants.

(3.) Aggrieved by the mutation, Abdul Latif filed a suit for a decree for declaration that he is the owner of the property being the sole heir of Mohd. Yusuf Ali Khan and that the defendant-appellants had no concern with the property in suit. The plaintiff-respondent (Abdul Latif) claimed to be the son of a cousin of the deceased, Mohd. Yusuf Ali Khan.