LEELA JOSHI Vs. KUSUM BHATT

JUDGEMENT

(1.) The present second appeal has been preferred against judgment and decree dtd. 22/11/2024 passed by learned First Additional District Judge, Haldwani, Nanital in Civil Appeal No. 12 of 2023, "Smt. Leela Joshi and others v. Smt. Kusum Bhatt", whereby the first appeal filed by the appellants/defendants was dismissed and the judgment and order dtd. 9/5/2023 passed by the learned Senior Civil Judge, Haldwani in Civil Suit No. 15 of 2012, "Ramesh Chandra Mungali (deceased) through legal repre- sentative Kusum Bhatt v. Chandrashekhar Joshi (deceased) through legal rep- resentatives Leela Joshi and others" was affirmed.

(2.) Suit No. 15 of 2012 for mandatory injunction was filed on 12/3/2012 by Shri Ramesh Chandra Mungali against Shri Chandrashekhar Joshi before the Civil Judge (Senior Divisoin), Haldwani, District Nainital. During the pen- dency of suit Shri Ramesh Chandra Mungali died and on the basis of registered Will dtd. 18/4/2012 executed by him in favour of Kusum Bhatt (the real niece of Ramesh Chandra Mungali), suit was contested by her. The defendant- Chandrashekhar Joshi also died during the pendency of suit and appellants/defendants being their legal heirs contested the suit.

(3.) The respondent/plaintiff had contended in the plaint that he is the owner of the property, details of which were provided in the plaint and the appellants/defendants was inducted in the premises as a licensee in the year 1975. Repeated requests were made by the respondent/plaintiff to the appellants/defendants to vacate the premises and the appellants/defendants al- ways requested for further time and when the premises was not vacated then the suit for mandatory injunction was filed.