JUDGMENT : This is a defendant's second appeal arising out of a suit for possession and perpetual injunction pertaining to agricultural land situated in village Uncha, Tehsil Nimbahera.

2. The plaintiff-respondent Mst. Mumtaz Begam filed a suit out of which this appeal arises on 30-8-1989 alleging that the land in question belonged exclusively to her father Mehrab Khan, who died on 21-3-1957. It is alleged that Mehrab Khan had executed a will dated 17-6-1943 with respect to the property in question as also the other property in her favour. A copy of the will has been produced, and marked Ex. P-1. The plaintiffs case is that after Mehrab Khan's death she took possession of the land in question but on 20-6-1957 the defendant-appellant Furkan took forcible possession of the same. Consequently she instituted the present suit in the Court of Sub-Divisional Officer, Nimbahera, for possession of the land and also for perpetual injunction restraining the defendant from interfering with her possession in future.

3. The defendant-appellant Furkan denied the execution of the will Ex. P-1, and pleaded that he had been in possession of the land in question after the death of Mehrab Khan