NAVAL KISHORE Vs. SADRI PRASAD

JUDGEMENT

(1.) THE appellant -plaintiff filed a suit against the respondents for a declaration and possession that he is the owner of House No. 19 (old No. 21), Ward No. 7, Meerabai ward, Uchechra, Tahsil Nagod, district Satna. The property in suit was claimed under the will, dated 11.6.1982, executed by one Hiralal, who was admitted to be the owner of the suit properties. The defendants -respondents have denied execution of the will by Hiralal in favour of the plaintiff. It is also contended that defendant No. 3 has put a lock over the suit house and the defendants are in actual physical possession of the same.

(2.) DURING the pendency of the suit, the plaintiff -appellant filed an application under Order 40, Rule 1 of the Code of Civil Procedure, making a prayer for appointment of the receiver of the suit property during the pendency of the suit and also an application under Order 39, Rules 1 and 2, C.P.C., claiming an injunction that during the pendency of the suit, respondent No. 19, who is the tenant of the suit property, should not pay rent to the other defendants. Admittedly, as per the plaint allegations, the defendants were in possession of the suit property at the time of the institution of the suit. The plaintiff has said that the defendant No. 19 is in possession, although his possession is said to be that of a tenant. On the other hand, the defendants have denied the execution of the will by Hiralal and consequent acquisition of right, title and interest by the plaintiff. They have claimed that they are in actual physical possession of the suit property.