NARESH KUMAR Vs. CHARANPREET KAUR

JUDGEMENT

(1.) Vide this common order, above mentioned two regular second appeals arising out of judgments and decrees passed by the Courts below are being disposed of. For the sake of convenience, the parties are hereinafter being referred with the same status as before the trial Court.

(2.) The facts necessary to adjudicate the present lis are that the plaintiff-Charanpreet Kaur @ Priti and her two minor sons namely Rajat Kumar and Sumit Kumar had filed a suit for declaration and permanent injunction inter alia stating that plaintiff No.1 is widow and plaintiffs No.2 and 3 are minor sons of late Sushil Kumar. The suit qua plaintiffs No.2 and 3 was filed through their mother (plaintiff No.1). It was stated that Sushil Kumar was joint owner in possession of the property along with defendants No.1 and 2 as fully detailed in head note A of the plaint. Phool Singh, father-in-law of plaintiff No.1 and grand-father of plaintiffs No.2 and 3 was joint owner in possession of the land as described in head note B of the plaint. Phool Singh had died, leaving behind the plaintiffs and defendants as legal heirs and the property in the hands of Phool Singh was ancestral property qua the plaintiffs. Sushil Kumar had died on 16.07.1997, leaving behind the plaintiffs and defendant No.3 as his legal heirs. Immediately after the death of Sushil Kumar, mutation of his share was sanctioned in favour of the plaintiffs and defendant No.3.

(3.) Thereafter, objections were raised by defendants No.1 and 2 and mutation was sent to Assistant Collector Ist Grade, D.R.O., Yamuna Nagar at Jagadhri being disputed one. Vide order dated 16.01.2013, Assistant Collector Ist Grade had accepted the objections of defendants No.1 and 2 on the basis of Will alleged to be executed by Sushil Kumar in favour of defendants No.1 and 2. The appeal against the same was stated to be pending before the Collector, Yamuna Nagar.