SHISH RAM Vs. VIJENDER

JUDGEMENT

(1.) Defendants No. 1 and 2 have filed instant revision petition under Article 227 of the Constitution of India assailing order dated 12.10.2009 passed by learned Civil Judge (Junior Division), Kurukshetra, thereby allowing application moved by respondent No. 1 Vijender for being impleaded as legal representative of Karta Ram plaintiff since deceased.

(2.) Karta Ram filed suit for declaration that mutation No. 244 dated 2.1.2004 and report dated 17.3.2003 vide which mutation has been sanctioned in favour of defendants No. 1 and 2 are illegal, null and void etc. Sale deeds executed by defendant No. 1 in favour of defendant Nos. 4 to 7 have also been challenged in the suit. Permanent injunction was also prayed.

(3.) Defendants No. 1 and 2/petitioners are brothers of Karta Ram plaintiff. The case of the petitioners is that Karta Ram had not been heard of for 35 years and was therefore, presumed to have died and defendants No. 1 and 2 being his brothers are his natural heirs and have inherited suit property from Karta Ram.