TIRLA DEVI Vs. SUKHBIR

JUDGEMENT

(1.) Present second appeal is preferred by the appellants/plaintiffs against the judgment and decree dtd. 25/2/2023 passed by Civil Judge (J.D.), Haridwar in O.S. No.357 of 2012 "Smt. Tirla Devi vs. Sukhbir and another" and the judgment and decree dtd. 28/5/2025 passed by Ist Additional District Judge, Haridwar in Civil Appeal No.24 of 2023, whereby the suit of the appellants/plaintiffs for a decree of perpetual injunction was dismissed and the appeal filed thereagainst was also dismissed.

(2.) The appellants/plaintiffs claim ownership over the suit property, Khasra No. 129, area 0.2650 hectares, situated at Village Khijarpur Kalanjara, Tehsil and District Haridwar on the basis of a registered Will executed in their favour by their mother Smt. Chandrabalia. They allege that the respondents/ defendants were attempting to interfere with their peaceful possession, therefore, the appellants/plaintiffs filed O.S. No.357 of 2012 against the respondents /defendants seeking a decree of perpetual injunction.

(3.) Some undisputed facts of the case are that the suit property is an agricultural land, which originally belonged to Late Mool Chand; after death of Mool Chand, Dhoom Singh, being his son and legal heir, was recorded as Bhumidhar in revenue records; after death of Dhoom Singh, name of appellants/plaintiffs' mother Smt. Chandrabalia got recorded in revenue records in PK11 in the year 1992; thereafter, on 9/12/2009, names of the present respondents/defendants (wife and son of Late Dhoom Singh) were mutated; this mutation was, however, later stayed on 24/12/2012, based on a restoration application filed by the appellants. It is also undisputed that on the date of institution of O.S. No.357 of 2012, names of respondents/defendants were recorded in revenue records and that the names of appellants/appellants, who are married daughter of Late Smt. Chandrabalia, were never recorded in the revenue records.