PRADUMN SINGH Vs. SHIV RAJ SINGH

JUDGEMENT

(1.) This first appeal under Section 96 of the Code of Civil Procedure has been preferred by the appellants/defendants assailing the judgment and decree dated 29.8.2003 passed by learned XII Additional District Judge Gwalior (Fast Track Court) (Shri H.N.Awasthi) in Civil Suit No.11-A of 2003 whereby, the suit filed by the plaintiffs for declaration of title and permanent injunction was decreed holding that the disputed house is of the ownership of the plaintiffs and they are in possession of the same. In this appeal, the appellants are referred as 'defendants' and respondents as 'plaintiffs'.

(2.) The admitted facts are as follows :

(3.) Facts, in brief, of the plaint are that Late Madho Singh retired Commandment I.P.S who died on 8.7.1997 was owner and title holder of the disputed property which was his self-acquired property. The plaintiffs got ownership of the disputed house on the basis of will dated 30.6.1997 Ex.P/1 which was duly executed by deceased Madho Singh in their favour during his life time. The plaintiffs have further pleaded in para 9 of the plaint that they are legal heirs of the deceased Madho Singh also. Hence, after the death of deceased Madho Singh, the plaintiffs have become owner and title holder of the disputed property. The plaintiffs No.1 to 3 being real brothers and plaintiff no.4 being their cousin, were having equal share in the disputed property. The plaintiff no.5 has already expired. After the death of deceased Madho Singh, names of plaintiffs have been mutated in his place to the disputed property. The defendants are in relation of deceased Madho Singh's wife and trying to grab the house. They have no title or interest in the said property. When they tried to dispossess the plaintiffs on 24.9.1999, the plaintiffs had to file the suit as stated above.