JUDGMENT :

Ajay Mohan Goel, J.

By way of this appeal, appellant/plaintiff has challenged the judgment and decree passed by the Court of learned Civil Judge (Sr. Divn.), Baijnath, District Kangra, H.P. in Civil Suit No. 45/05, decided on 21.03.2005, vide which, learned Trial Court dismissed the suit filed by the present appellant/plaintiff for declaration, as also the judgment and decree passed by the Court of learned District Judge, Kangra at Dharamshala, District Kangra (HP), in Civil Appeal No. 59-B/XIII/2005, dated 28.09.2007, whereby learned Appellate Court while dismissing the appeal filed by the present appellant/plaintiff, upheld the judgment and decree passed by the learned trial Court.

2. Brief facts necessary for adjudication of the present appeal are as under:-

Appellant/plaintiff Jagdish Chand filed a suit for declaration on the ground that he was the legal heir of deceased Kaulan Devi as per her Will dated 21.09.1992 and had thus become owner in possession of the suit land bearing Khata No. 5 min, Khatauni No. 10, Khasra Nos. 135, 136 and 139, measuring 0-04-89 hectares and of Khata No. 8, Khatauni No. 47, Khasra No. 134, measuring 0-01-40 hectares situated at Mohal-Madho