PREMA Vs. RAJBIR

JUDGEMENT

(1.) The compendium of the facts, relevant for disposal of the present revision petition and emitting from the record is that, Rajbir son of Phoolpati respondent- plaintiff(for short "the plaintiff") filed the suit against Prema widow of Late Krishan-petitioner-defendant(for brevity "the defendant") for a decree of declaration to the effect that mutation of inheritance bearing No.1706 sanctioned on 16.01.2009 by the A.C.Ist Grade, Hansi, in respect of the land in question and the subsequent revenue record depicting the petitioner-Prema, widow of Krishan, is illegal, with a consequential relief of permanent injunction, restraining the defendant from alienating the suit land, in any manner.

(2.) As, during the course of proceedings of the suit, petitioner-Prema, while appearing as DW1 admitted the fact with regard to the execution of the Will executed by Megha, paternal grandfather of her husband, during his lifetime, therefore, the Will was ordered to be exhibited by the trial Court by over-ruling the objection in this regard. The case was adjourned for further cross-examination of petitioner-Prema (DW1), by virtue of impugned order dated 22.07.2011 (Annexure P-5).

(3.) Aggrieved by the decision(Annexure P-5) of the trial Court, the petitioner-defendant preferred the present revision petition, under Article 227 of the Constitution of India.