Tarlok Singh Chauhan, J.

The defendant is the appellant and has come up in appeal against concurrent findings recorded against him by the learned Courts below.

2. The facts as necessary for the adjudication of the case are that the predecessor-in-interest of the respondents/plaintiffs i.e. Chingu Ram (hereinafter referred to as the ‘plaintiff’) filed a suit for declaration and injunction to the effect that he is owner in possession of the suit land as detailed in the plaint being legal heir of deceased Rania son of Dheru and that the mutation No. 515 in favour of the appellant/defendant (hereinafter referred to as the ‘defendant’) is null and void and that the Will dated 15.3.1946 in favour of the defendant executed by deceased Rania is also wrong and illegal. A decree of permanent injunction was also sought by the plaintiff against the defendant to the effect that he be restrained from cutting or removing trees or taking forcible possession of the suit land.

3. It was averred that the suit land was owned and possessed by deceased Rania S/o Dheru as co-sharer. The said Rania left the village and his whereabouts are not known for the last sixty years nor he has been heard of