SHAVITIRI AND OTHERS Vs. RAM NIWAS AND OTHERS

JUDGEMENT

(1.) Plaintiffs-appellants have assailed the order dated 20.12.2012 passed by Learned District Judge, Rohtak, vide which application under order 41 Rule 27 preferred by the defendantrespondent has been accepted and the case has been remanded back to the trial Court with a direction to provide opportunity to the defendant-respondent to prove the original adoption deed and Will dated 08.08.1991, copy of Complaint dated 21.12.2009 and Criminal Revision No.15 dated 23.03.2010. Liberty has also been given to the plaintiffs to rebut the evidence of the defendant before the trial Court. Chander Bhan, Rameshwar and Uday Singh were three brothers. They were owners in possession of 1/2 share of the land measuring 46 kanals 17 marlas and 120 kanals 13 marlas situated in the revenue estate of village Madina Korsan, Tehsil Meham, District Rohtak in equal shares. Rameshwar died issueless in the year 1989. His share was inherited by his wife Phool Kaur. On 07.01.1997 Phool Kaur also died intestate, leaving behind no issue, therefore, her share in the land was succeeded by the sons of Chander Bhan and Uday Singh. Plaintiffs Rajbir and Parkash are sons of Chander Bhan. Third plaintiff Suresh (deceased) was son of Uday Singh. Suresh has been succeeded by his widow Anita, daughter Sonia and son Deepak. Ram Niwas is second son of Uday Singh and Nanhi is widow of Uday Singh.

(2.) A suit for declaration with consequential relief of permanent injunction was filed by the plaintiffs against Ram Niwas seeking declaration that adoption deed and Will dated 08.08.1991 allegedly executed by Smt. Phool Kaur in favour of Ram Niwas are illegal, null and void and not binding on the rights of the plaintiffs. Plaintiffs claimed themselves to be owners in possession of the suit land to the extent of their shares. Permanent injunction was also sought restraining the defendants from alienating the suit land.

(3.) Ram Niwas has claimed the entire property on the basis of adoption deed. He also claimed the property on the basis of Will. Before the trial Court original Will and adoption deed were not produced and trial Court after necessary pleadings framed the following issues:-