PARDEEP CHOPRA Vs. MEENU KAPOOR

JUDGEMENT

(1.) The appellants/defendants have invoked the jurisdiction of this Court under Sec. 41 of the Punjab Courts Act, challenging the findings of fact and law rendered by the Courts below. By judgment and decree dtd. 12/4/2024 in Civil Suit No.CS-14-2016 titled 'Meenu Kapoor vs. Pardeep Chopra and Others', the learned Additional Civil Judge (Senior Division), Faridkot, partly decreed the suit with costs. Subsequently, the learned Additional District Judge, Faridkot, by judgment and decree dtd. 25/8/2025 in Civil Appeal CIS No.CA/75/2024, partly allowed the appeal; the relief of permanent injunction was dismissed, while the declaration of ownership and joint possession in favour of the plaintiffs/respondents to the extent of 1/5th share in inheritance of Late Sh. Satpal Chopra was upheld. The alleged Will of Satpal Chopra was declared illegal, null-&-void, and of no effect, and accordingly set-aside.

(2.) For the sake of clarity and convenience in the ensuing discussion, the parties shall hereinafter be referred to as the plaintiffs and defendants, as they appeared before the learned Trial Court. The salient facts of the case are summarized below to provide a comprehensive contextual background:-

(3.) The defendants No.1 to 3 contested the suit by filing a joint written statement, raising preliminary objections that the suit was not maintainable due to non-joinder of necessary parties and concealment of material facts. On the merits, they contended that the plaintiff had been disowned and disinherited by Late Sh. Satpal Chopra, and that both he and Smt. Vidya Wanti had executed valid Wills dated '9/10/2011' and '27/6/1985', respectively, in favour of defendants No.1 and 2, pursuant to which mutations were lawfully sanctioned. They further asserted that the plaintiff, despite full knowledge of these Wills and the subsequent sale of portions of the property, fraudulently procured a mutation based on natural inheritance, which was subsequently set-aside by the Assistant Collector 1st Grade-cum-Sub Divisional Magistrate, Kotkapura. The defendants maintained that they are the rightful owners in possession of the suit property and prayed for dismissal of the suit.