MOHD. RAMZAN Vs. MOHD. SAMMI AND ORS.

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks to:

(2.) On the basis of pleadings of the parties an issue was framed by the Trial Court as follows:

(3.) The only contention of the defendant before the Trial Court was that the plaintiff has not filed any document to show from where the plaintiff's grandmother Smt. Asgari Jahan Begum obtained a right to execute the Will in favour of the plaintiff? Admittedly, the Will has been brought on record of the Trial Court. The documents have also been filed to show that plaintiff's grandmother has been recorded in the Municipal records. The contention of the defendant was that the grandmother of the plaintiff had no right to execute the Will, inasmuch as, she was not the owner of the property in question. The said issue of Order 7 Rule 11 C.P.C. was decided by the Trial Court in favour of the plaintiff. Aggrieved against the same, a Civil Revision was preferred by the defendant. The revisional court did not interfere in the order passed by the Trial Court. Aggrieved against the same, present Writ Petition has been filed by the defendant -petitioner.