SALIM UDDIN ANSARI Vs. ADDITIONAL DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) HEARD Sri Arvind Srivastava, learned counsel for the petitioner-tenant and Sri Rahul Shripat for the landlord-respondent.

(2.) THE petitioner-tenant challenged the judgment dated 5.5.2009 passed by the Special Judge, S.C./S.T. Act, Meerut confirming the judgment of the Judge. Small Causes Court, Meerut dated 26.4.2006.

(3.) THIS contention on behalf of the petitioner has been vehemently opposed by Sri Rahul Sripat appearing on behalf of the contesting respondents who claimed their right on the basis of registered Will by Kalka Prasad in favour of Jorawar Singh. In the year 1989 Original Suit No. 1274 of 1989, Jorawar Singh v. Shital Prasad Mathur and others was instituted, plaint thereof is annexed as Annexure-7 to the writ petition. The relief claimed in the said suit was that by a decree of declaration in favour of the plaintiffs against the defendants, it be declared that the registered Will dated 16.1.1968 registered on 13.2.1968 is a valid one and the plaintiffs have interest in the property. The claim of the petitioner that this suit was dismissed in default on 10.4.2007 by the Civil Judge (Junior Division), City Meerut and no restoration has been filed till date, has been answered by Sri Rahul Sripat that in the written statement the heirs of Kalka Prasad had admitted the Will and claim of Jorawar Singh, therefore, the suit was not contested and got dismissed in default. The order dismissing the said suit in default is annexed as Annexure-10 to the writ petition.