NEELAM KHANNA Vs. NARESH KHOSLA

JUDGEMENT

(1.) The present regular second appeal has been preferred by the plaintiff-appellants challenging the judgments and decrees dtd. 25/5/2015 and 11/4/2019 passed by the Trial Court and the First Appellate Court, respectively, dismissing the suit filed by them.

(2.) Brief facts relevant to the present lis are that the plaintiff- appellants herein filed a suit for joint possession and permanent injunction. The parties are the sons and daughters of Girdhari Lal. As per the plaintiff- appellants the land and houses subject matter of the suit were ancestral properties. Nihal Singh was the owner and after him the same were inherited by Piare Lal and then by Girdhari Lal. According to the plaintiff-appellants on the death of Girdhari Lal on 29/12/2005, the suit properties should have gone to his sons and daughters as per their shares, but the defendant- respondents got the suit properties recorded in their names on the basis of a Will dtd. 14/1/1992 purportedly executed by Girdhari Lal. It was their stand that Girdhari Lal could execute the Will only qua his own share in the ancestral suit properties and not the entire suit properties. Since Girdhari Lal had 9 children and every child had a share in the ancestral suit properties, Girdhari Lal's Will could be only for his 1/10 share. Hence, the suit. Defendant-respondent Nos.1 and 2 filed a written statement and took the stand that the suit properties were not ancestral or joint Hindu family properties, but the self acquired properties of Girdhari Lal. Since Girdhari Lal was the sole owner of the suit properties he had executed a registered Will dtd. 14/1/1992. After the death of Girdhari Lal the mutation was sanctioned in favour of the beneficiaries on the basis of the said registered Will. The other defendant-respondents filed replies on the same lines as taken by defendant- respondent Nos.1 and 2.

(3.) On the basis of the pleadings of the parties the following issues were framed :