SURINDER SINGH Vs. RACHHPAL KAUR

JUDGEMENT

(1.) Defendants are in revision against order dtd. 1/10/2018 passed by Addl. Civil Judge (Sr. Divn.), Dasuya whereby the Trial Court framed additional issue on the application filed by the plaintiffs. For convenience parties hereinafter are referred to by their original position in the suit i.e. the petitioners as defendants No.1 and 2 and respondents No.1 to 4 as plaintiffs.

(2.) Plaintiffs filed suit for joint possession claiming that the property was a coparcenary property in the hands of Saroop Singh father/predecessor-in-interest of the parties. The plaintiffs being coparceners are entitled to joint possession.

(3.) In the written statement filed by defendants No.1 to 4, they propounded WILL dtd. 28/4/2003 purported to be executed by Saroop Singh-predecessor-in-interest of the parties. It was further claimed that the suit property was neither ancestral nor coparcenary.