JUDGMENT :

Tarlok Singh Chauhan, J.

The plaintiff is the appellant, who after having lost before both the learned Courts below, has filed the instant appeal.

The parties shall be referred to as the ‘plaintiff’ and the ‘defendant’.

2. Brief facts of the case are that the plaintiff filed a suit for declaration to the effect that the parties are joint owners in possession of land measuring 1-55-55 hectares, bearing Khewat No. 28, Khatauni No. 53, Khasra Nos. 183, 208, 212, 213, 261, 278, 279, 315, 316, 394, 401, 406, 406/1, 418, 420, 422, 429, 450, 467, 468, 469, 470 and 484, Kitas 23, as per Nakal Khatauni Bandobast for the year 1990-91, situated in village Dain, Tehsil Bangana, District Una, H.P. in equal shares and mutation No.4, dated 30th August, 1991 sanctioned on the basis of alleged Will of Churu to the extent of 2/3rd share in favour of the defendant is not binding on the plaintiff as Churu alias Chur Singh never made a Will nor he could make a Will with respect to the suit land which was an ancestral coparcenary property in his hand. It was further averred that the Will dated 7.12.1989 is not a legal and valid Will. Consequential relief of permanent injunction restraining the de