BACHNA Vs. SADHU (DECEASED) BY HIS LRS

JUDGEMENT

(1.) This is defendants' appeal against the judgment and decree of the Additional District Judge whereby the appeal filed against the judgment and decree of the trial Court has been dismissed.

(2.) Briefly, the facts of the case are that Sarv Shri Molu and Gopi were real brothers and owned land jointly situate in village Fatehpur, Tehsil Naraingarh, District Ambala. Molu died on 20.12.1977. A dispute arose with regard to his inheritance between the appellants and respondents. The plaintiffs laid claim on the basis of the will dated 27.11.1977 whereas the present appellants claim on the basis of will dated 21.3.1972 executed by Molu. Earlier to the present litigation, revenue officers relying upon the will dated 21.3.1972 sanctioned mutation of inheritance of Molu in favour of the present appellants. The appeal filed by the plaintiffs too was dismissed by the Collector, thus impelling the plaintiffs to file the suit claiming ownership of the land left by Molu.

(3.) The defendants put in appearance, filed written statement and contested the averments made by the plaintiff on all conceivable points. Preliminary objections were raised with regard to the maintainability of the suit; bar of the present suit under Order 2 Rule 2 of the Code of Civil Procedure and that the will set up by the plaintiffs was forged.