NARENDER KUMAR Vs. BISHAN DUTT

JUDGEMENT

(1.) SUIT filed by the plaintiff -Bishan Dutt @ Bishan Dev was decreed by the learned trial Court vide judgment and decree dated 12.05.2012. Appeal preferred by defendant Narender Kumar (defendant No. 1) against the said decree failed and was accordingly dismissed by the learned First Appellate Court vide judgment and decree dated 27.04.2013. That is how defendant No. 1 is before this Court in this Regular Second Appeal. Parties to the lis, hereinafter, would be referred by their original positions in the suit.

(2.) IN a suit filed by the plaintiff, he sought a declaration that he is the owner in possession of the property as described in para No. 1 of the plaint to the extent of 1/6th share and so are defendants No. 1 and 2 and are also the owners in possession of the said property. Mutation No. 4543 and subsequent revenue entries changed on the basis of said mutation showing Smt. Chhajiya as co -owner/co -sharer in the suit land was wholly illegal and void and the same did not create any right, title or interest of any kind in her favour and were liable to be corrected. Likewise, the Will dated 30.04.2010 is a forged and fabricated document and the same does not create any title in favour of defendant No. 1. By way of consequential relief, decree for permanent injunction was prayed for, restraining defendants No. 1 and 4 from dispossessing the plaintiff and also from alienating or transferring the suit land in any manner.

(3.) DEFENDANTS No. 1, 2 and 4, inter alia, in their defence, denied that on the death of Ballu, suit land was inherited by plaintiff in equal share by way of survivorship according to provisions of Hindu Law. Therefore, it was maintained that mutation No. 4543 was correctly recorded in the name of Smt. Chhajiya. It was asserted that Smt. Chhajiya executed the Will on 30.04.2010 in favour of defendant No. 1 being a co -sharer in possession of the suit land and the said testament was a validly executed document by Smt. Chhajiya with her free will and consent.