- (1.) Instant appeal has been preferred against order dated 8th September, 1987 passed by IXth Additional Civil Judge, Meerut in Civil Appeal No. 250 of 1982 Baizorv. Balbir whereby judgment and decree dated 20th May, 1982 passed by Additional Munsif, Court No. 6, Meerut in Regular Suit No. 502 of 1981 Baizor Singh v. Balbir Singh was set aside and the case was remanded to frame specific issues in respect of genuineness of Will deed, record evidence and, therefore to decide the case afresh expeditiously in accordance with law.
(2.) Heard Shri B. S. Chaudhary, learned counsel for the appellant. None appeared for the respondent.
(3.) The fact of the case in brief is that both parties are resident of the same village Donnger, District Meerut. Anoop Singh is real brother of Balbir Singh. Kehar Singh was uncle of Balbir Singh. Disputed land was of plot No. 108 Khasra No. 557, area 5 beegah 6 Vishwasi. Balbir Singh, Anoop Singh and Kehar Singh were co tenure holders, in which 1/2 share belongs to Kehar Singh and the shares of Balbir Singh and Anoop Singh are 1/2 each. Family partition has taken place amongst these persons in respect of the land. Western half portion came in the share of Kehar Singh and the shares of Balbir Singh and Anoop Singh was of eastern side. According to Balbir Singh, they were in exclusive possession of the respective shares. Kehar Singh had one another plot No. 18 Khasara No. 615 area 12 beegah 9 Vishwasi in the same village. Kehar Singh had no wife or children and he used to live with Balbir Singh. Balbir Singh used to look after his landed property. Therefore, Kehar Singh executed registered Will deed of his movable and immovable property in favour of Balbir Singh on 23rd July, 1981. Thereafter, Kehar Singh expired on 25th August, 1981. On the death of Kehar Singh, Balbir Singh came in possession of his share and he is still in possession of it.;