ANANTI DEVI Vs. VIDYA DEVI

JUDGEMENT

(1.) This is a defendants* appeal and has been directed against the judgment and decree dated 6.11.1979 passed by the Court of Additional District Judge Gurdaspur who affirmed the finding of the learned trial Court on issues No. 1 and 2 but finding of the learned trial Court on issue No. 3 was partly set aside by holding that though the decree for declaration granted by the trial Court on issue No. 1 and 2 is maintainable but the trial Court was not justified in granting an injunction.

(2.) The pleadings of the parties can be summaricd as under:-

(3.) Notice of the suit was given to the defendants. A pre-liminary objection was taken that the present suit is not legally maintainable and that the plaintiff has no locus standi to file the suit. On merits, it was the stand of the defendants that Smt. Dhanni executed a will dated 12.2.1976 vide which she bequeathed her entire property in favour of defendant No. 1 and as such she has become the sole owner of the suit land.