Judgment :-

Harjit Singh Bedi, J.

1. This appeal arises out of the following facts.

2. The plaintiff-respondent Adagouda Nemagouda Patil, filed O.S. No. 182/1972 for a declaration of title and permanent injunction claiming tenancy over the suit land and in the alternative, to title on the basis of a will dated 27th December 1971 alleged to have been executed by Smt. Kusabai. The defendant/appellant Dhanpal Balu Lhawale, his mother, sister and wife entered appearance and resisted the suit, and challenged the execution of the will aforesaid. Dhanpal Balu, the first defendant in the aforesaid suit also filed O.S. No.310/1990 claiming the relief of permanent injunction on the basis of title. As the subject matter in both the suits was common, they were clubbed together. On an examination of the record, the trial court vide its judgment dated 15th December 1994 decreed O.S. No.182 of 1972 to the extent of granting an injunction but rejected the prayer for a declaration whereas OS No.310 of 1990 was dismissed. Aggrieved by the judgment in O.S. No.310/1990 defendant No.1, the appellant in the present proceedings, Dhanpal Balu preferred R.A.No.18/1995 whereas the plaintiff Adagouda Nemagoud