Sanjay Karol, J.

This Regular Second Appeal, under the provisions of Section 100 of the Code of Civil Procedure, filed by the defendant, stands admitted on the following substantial questions of law:-

1. Whether a simplicitor suit for declaration and permanent injunction without asking for possession even if the Khata of the parties is joint is maintainable?

2. Whether a prayer not made in the plaint can be granted particularly when it is held that the plaintiff is not in possession of any portion of the land in suit?

2. Sant Ram had three sons namely Laxmi Chand, Kesho Ram and Paras Ram. Plaintiff Om Parkash is the son of Laxmi Chand and defendant Gian Chand is the son of Kesho Ram. Undisputedly, Paras Ram died issueless. The dispute is with regard to the share of deceased Paras Ram in the joint land, of which, plaintiff Om Parkash and defendant Gian Chand are co-owners.

3. On the basis of registered Will dated 25.8.1976 (Ex.D-1), executed by Paras Ram in favour of Gian Chand, entries of mutation stood effected in the revenue record. The efficacy of the Will and such entry of revenue came to be assailed, by way of a civil suit so filed by Om Parkash, claiming ownership on the