SUKHDEV SINGH Vs. SMT. ROSHNI

JUDGEMENT

(1.) The defendants are in second appeal before this Court against the concurrent judgments and decrees of the learned Courts below whereby the suit filed by the respondent/plaintiff for issuance of permanent injunction, has been decreed by the learned trial Court vide judgment and decree dtd. 19/1/1988; which was duly affirmed by the learned District Judge, Ropar vide judgment and decree dtd. 25/4/1988.

(2.) The parties shall hereinafter be referred to as per their status before the learned trial Court i.e. the appellants as the 'defendants', and the respondent as the 'plaintiff'.

(3.) Brief facts of the case as set out in the plaint are that Milkhi Ram, the husband of the plaintiff, was the previous owner of the suit land as fully described in the plaint measuring about 53 kanals 14 marlas situate within the revenue estate of village Agampur. He died on 10/9/1985. The plaintiff claims that after the death of Milkhi Ram, being his widow, the suit land devolved upon her. The plaintiff further claimed title to the suit land on the basis of a Will alleged to have been executed in her favour by Milkhi Ram on 7/9/1985. On the contrary, defendant No.1 alleges that Milkhi Ram executed a Will in his favour on 4/7/1985. The plaintiff has averred that Milkhi Ram never executed any Will on 4/7/1985 and that this Will is forged and fabricated and not valid being surrounded by various suspicious circumstances, enumerated in para No.2 of the plaint. She has also challenged the validity of the mutation sanctioned on the basis of the Will dtd. 4/7/1985 by the revenue authorities. After the sanction of mutation defendant No.1 has sold part of the suit land in favour of defendants No.2 to 5 vide sale deeds dtd. 8/11/1985, and the plaintiff has challenged the validity of these sale deeds also. She has stated that she is in possession of the entire suit land.