PRANAV ANAND Vs. PRAMOD KUMAR SACHAN AND ORS.

JUDGEMENT

(1.) This First Appeal From Order has been filed by the defendant-appellant against the judgment and order dated 18.3.2015 passed by the Civil Judge (Senior Division), Kanpur Nagar allowing the application 6-Ga granting temporary injunction in favour of the plaintiff-respondent restraining the defendant-appellant from interfering in the peaceful possession over the suit property. Facts, in short, necessary for the purpose are as under:

(2.) The injunction application was contested by the defendant-appellant by filing written statement pleading therein that he is owner and in possession over the suit property and the same was bequeathed in his favour by his maternal grandfather late Surya Prasad and the alleged Will in favour of Smt. Kanti Sachan is forged and fictitious document. The defendant-appellant set up an unregistered Will dated 28.6.1997 executed by late Surya Prasad in his favour. It was also alleged that Smt. Kanti Sachan had no right to get free hold deed executed in her favour and the sale-deed, if any, has been executed in favour of the plaintiff-respondent No. 1, the same is illegal and ineffective.

(3.) Learned Counsel for the appellant contended that the defendant-appellant had Will in his favour executed by his maternal grandfather and voluminous documents in the form of various receipts were filed to establish that it was the defendant-appellant who was in possession over the suit property and running the marriage hall.