KASHITIZ MITTAL Vs. SUBHASH CHAND

JUDGEMENT

(1.) THIS common judgment shall dispose of aforesaid two RSAs since these appeals emerge out of a dispute amongst family members in respect of property left behind by their common ancestor Puran Chand Mittal.

(2.) PLAINTIFF Kashitiz Mittal filed a suit for declaration that he is exclusive owner in possession of the property bearing M.C.No.1100 comprising 10 shops with vacant land measuring 1000 square yards on the back of the said shops having covered boundary wall on the basis of a Will dated 15.9.1996 executed by his late grand father Sh.Puran Chand Mittal. He further sought permanent injunction seeking to restrain his uncles i.e. defendants no.1 to 3, 6 and 7 and his parents defendants 4 and 5.

(3.) THE suit filed by Kashitiz Mittal was dismissed by the learned Civil Judge (Jr.Div.) Yamuna Nagar vide judgment and decree dated 21.11.2009 by discarding the Will and the findings thereof were affirmed in appeal by the learned Additional District Judge, Yamuna Nagar vide judgment and decree dated 7.9.2012. Hence he has filed RSA No.4363/2012.