(Surinder Singh, J.) - The appellant-plaintiff Kishori Lal failed in both the courts below and filed the present Regular Second Appeal. This appeal was admitted on 22.5.1997 on the following substantial questions of law :

1. Whether the tenancy rights with respect to the building standing in the Abadi land can be bequeathed by way of Will, whether such bequest vest right on any such person in whom the will has been made ?

2. Whether the person who does not hold any land in village can be held to be holding the Abadi land as owner so as to deny the right of a person who is recorded in Revenue Record to be the owner of the same ?

3. Whether the plaintiff-appellant is bound by the judgment and decree, Exhibit DX-3 and DX-4, when he was neither a party nor was arrayed as party to the application under order 1 Rule 10 C.P.C. ?

4. Whether the learned lower appellate Court has erroneously ignored the Memo. of Partition for consideration in coming to the conclusion regarding the title of the plaintiff to the suit property ?

In fact the learned District Judge, Solan in appeal No. 196-S/13 of 1986 while upholding the judgment and decree in case No. 316/1 of 1984 decided on 25.9.1987 p