POOJA RANI Vs. DEVENDER SINGH & ORS

JUDGEMENT

(1.) Petitioner, herein, and respondents Nos.4 to 6 filed a suit for declaration to the effect that they are owners and occupiers of land mentioned in paras 3(a) and 3(b) of the plaint and mutation No.7931 is null and void, and further a decree for declaration to the effect that the Release Deed dated 1.6.2007 does not confer any right, title or interest upon respondents/defendants Nos.2 and 3 and the same is not binding upon the petitioners. It has also been claimed that the petitioners and respondents Nos.4 to 6 are owners and occupiers of one half share in the land mentioned in paras 3(c) and 3(d) of the plaint.

(2.) Decree for permanent injunction has also been sought to restrain respondents No.1 to 3 from alienating or creating any third party interest by way of sale, mortgage, lease or in any other manner in the land mentioned in para-3 of the plaint. It was also averred that if the trial Court found that the Will dated 5.2.2004 is not a valid document, then, the petitioners are entitled to one half share in the suit land, mentioned in para-3 of the plaint, being the subject matter of Release Deed dated 1.6.2007.

(3.) Respondents Nos.1 to 3 filed written statement controverting, therein, the averments contained in the plaint.