SMT. BANO Vs. SMT. AZISO & OTHERS

JUDGEMENT

(1.) THE defendant is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit for permanent injunction for restraining the defendant -appellant to encroach any part of the suit land was decreed. The defendant is the daughter of the plaintiff. The plaintiff filed a suit for injunction to restraining the defendants i.e. daughter, her husband and her son, as they are adamant to dispossess the plaintiff without any right, title or interest in the suit property. It is only defendant Nos. 2 & 3 i.e. daughter and her husband, who contested the suit by filing joint written statement. But the present second appeal has been filed only by the daughter of the plaintiff.

(2.) THE defendant in the written statement relied upon a registered Will of the plaintiff dated 07.02.1980 in her favour and in favour of her sister's sons namely Basta Singh and Mahboob. It is alleged that the plaintiff is not in possession of the suit property and is residing in another property. The plaintiff filed rejoinder and on the basis of pleadings, the trial Court framed the following issues:

(3.) RELIEF .