LAWS(P&H)-2001-3-82

HARBRINDER SINGH Vs. PAWAN KUMAR SHARMA

Decided On March 30, 2001
Harbrinder Singh Appellant
V/S
PAWAN KUMAR SHARMA Respondents

JUDGEMENT

(1.) THIS is plaintiffs revision directed against the order dated September 25, 2000, passed by the learned Additional District Judge, Chandigarh, who after allowing the appeal filed by the defendant- respondents has dismissed the application under Order 39 Rules 1 and 2 of the Code of Civil Procedure.

(2.) SHRI Jagan Nath Sharma was the owner of the House No. 3143, Section 21-D, Chandigarh. He died issueless on 23.6.1998 at Ropar. His wife had also died. Om Parkash Sharma is the nephew of Jagan Nath Sharma. According to the plaintiffs, Shri Jagan Nath Sharma had executed a Will on 28.4.1980 bequeathing his entire movable and immovable property in favour of Om Parkash Sharma. Therefore, he is the sole heir and successor-in-interest of Jagan Nath Sharma.

(3.) ALONG with it, an application under Order 39 Rules 1 and 2 CPC was also filed.