- (1.) D. S. Sinha, J. Heard Sri Vinod Swarup, learned counsel appearing for the plaintiff-appellant and Sri R. P. Goel, learned counsel representing the defendant-respondents.
(2.) THIS second appeal under Section 100 of the Code of Civil Procedure 1908, hereinafter called the Code, is directed against the decree and judgment of the Civil Judge, Aligarh dated 12-12-1974 passed in Civil Appeal No. 348 of 1973 confirming the decree and judgment of the Additional Munsif, Hathras rendered in Original Suit No. 198 of 1968 between Sri Mahesh Chand and Boh. Ram Murti and others dismissing the suit. The plaintiff had instituted a suit against the defendants for re covery of rent amounting to Rs. 1,798 in respect of four shops, one Almirah and adjoining stairs including their upper storeys situate in Bazar Sarafa Ganj Kolma, Hathras, owner whereof was one Sri Har Swarup till he died on 15th January, 1967. The plaintiff had founded his right to claim the recovery of rent on the basis of a registered will dated 24th September, 1966 alleged to have been executed in his favour by Sri Har Swarup. The defendants disputed the will.
(3.) THE plaintiff produced in the trial Court the original will and also examined Mangal Sen (PW-1) who was one of the two attesting witnesses. To counter the evidence of the plaintiff, the defendants produced Gaya Prasad (PW-1), who typed out the will. Disbelieving the oral evidence produced on behalf of the plaintiff, the courts below have declined to accept the will in his favour and dismissed his suit.;