BIKRAMJIT SINGH Vs. DARSHAN SINGH AND OTHERS

JUDGEMENT

(1.) Challenge in the present revision petition, filed under Article 227 of the Constitution of India, is for setting aside the order dated 30.08.2014 (Annexure P11), whereby the Addl.Civil Judge (Sr.Divn.) Zira has dismissed the objection petition filed in the execution application by the petitioner-judgment debtor and directed that warrants of possession be issued as per the judgment and decree dated 23.01.2009.

(2.) The argument of counsel for the petitioner is based on the fact that the suit was filed initially by the father of the petitioner, Tara Singh and since all the LRs have been brought on record on 26.09.2000 and Darshan Singh, respondent No.1 was claiming his right on the basis of a registered will dated 25.06.1990 that he has an exclusive right to claim possession of the house in question. It is, accordingly, submitted that the Executing Court was in error by not framing the issues and allowing the parties to lead evidence as to whether Darshan Singh alone could claim the fruits of litigation.

(3.) After hearing counsel for the petitioner, this Court is of the opinion that the present revision petition is liable to be dismissed as a reference to the background of the case goes on to show that initially the Civil Suit No.757-01 dated 23.02.2000, for possession, was filed by Tara Singh against the present petitioner, his son. Tara Singh died on 05.05.2000 and an application was filed under Order 22 Rule 3 read with Section 151 CPC for bringing on record Darshan Singh, the legal heir of Tara Singh, on the strength of a registered will dated 25.06.1990. The application was contested by the present petitioner by filing reply (Annexure P2) and it was contended that the will is forged and fabricated document prepared after the death of Tara Singh. It was, accordingly, pleaded that there are other LRs and all of them were to be impleaded as they were necessary party.