( 1 ) THIS is plaintiffs appeal who lost in both the Courts below. This appeal was admitted on 23-9-1986, on following substantial questions of law :

"1. Whether in the facts and circumstances of the case, the learned lower appellate Court Judge committed an error of law in not passing a decree for perpetual injunction restraining the respondents from dispossessing the appellant from the suit land otherwise than in due course of law ?

2. . Whether the learned lower appellate court Judge committed an error of law in rejecting the Will, Ex. P/2, when no suspicious circumstances attending its execution were pleaded or proved by the respondents ?"

( 2 ) LEARNED counsel appearing for the appellant at the outset submitted that he is pressing his appeal so far as it relates to substantial question of law No. 1 and for substantial question of law No. 2, he is not pressing this appeal as the findings in respect of Will are findings of fact which have been recorded by both Courts below. In view of the aforesaid contentions, both the parties are heard in respect of substantial question of law No. 1

( 3 ) BEFORE considering rival contentions of the parties, it will be appropriate if facts of the p

Click Here to Read the rest of this document