JUDGEMENT
Surya Kant, J. -
(1.) This Regular Second Appeal is filed by the plaintiff, whose
suit has been dismissed by both the courts. The appellant's suit was
for
declaration to the effect that he is in exclusive possession of the suit
land
measuring 31 kanals 7 marlas, fully detailed in the head-note of the
plaint.
(2.) The aforesaid declaration was sought by him on the ground that the
land in
dispute was previously owned by Kanhiya, who executed a will in the
appellant's favour on 25.9.1975. Kanhiya was the real brother of the
appellant's father. The appellant, however, has been non-suited by
the
courts below on the ground that though the above stated will was
executed
by Kanhiya bequeathing the land in favour of the appellant, however,
later
on, he suffered a consent decree in the civil court on 6.11.1993
passed in
civil suit No.776 of 1993, titled as "Ram Kumar v. Kanhaya" in terms
whereof, the land in dispute was equally distributed amongst the
appellant
and his brothers inasmuch as 1/4th share was given by Kanhiya to the
sons of
the appellant whereas the remaining shares to respondents No.1,2
and 3,
who are none else than the brothers of the appellant.
(3.) This being a concurrent finding of fact returned by both the
courts, hardly any question of law, much less a substantial question
of law,
arises for consideration of this Court.;
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