NITIN Vs. MUNICIPAL COMMITTEE YAMUNA NAGAR

JUDGEMENT

(1.) This Regular Second Appeal is directed against judgments and decrees dated 28.1.2006 and 18.2.2009 passed respectively by the Civil Judge (Junior Division), Jagadhri (hereinafter referred to as `the trial Court') and the Additional District Judge, Yamuna Nagar at Jagadhri (described hereinafter as `the first appellate Court'). A suit for declaration was filed by Raj Kumar, who has since died and is represented by his legal representatives, i.e., the present appellants. It was prayed that the entries made by defendant-respondent nos. 1 & 2 in their records in favour of defendant-respondent no.3 qua house property bearing No.B-II/104/A/2 situated in New Hamida Colony, Yamuna Nagar (for short, `the suit property') be declared as illegal, null & void, ineffective, non est, void ab initio, against law and justice, without jurisdiction and not binding on his rights. It was further prayed that respondent nos. 1 & 2 be directed to delete the name of respondent no.3 from the municipal records in respect of the suit property. Upon notice, respondent nos. 1 & 2 had appeared and filed their written statement resisting the suit. It was pleaded that the said entries were made in respect of the suit property on the basis of a registered Will dated 25.9.1989.

(2.) Respondent no.3 had also filed his separate written statement claiming half share in the suit property on the basis of Will dated 25.9.1989 executed by late Shri Sham Singh, his grand-father. On the pleadings of the parties, the following issues were framed by the trial Court:-

(3.) After appraisal of the entire evidence on record, the trial Court dismissed the suit with costs.