CHAND RAM Vs. RAJINDER PARSHAD

JUDGEMENT

(1.) THIS judgement shall dispose of Regular Second Appeal No. 3965 of 2007, and Regular Second Appeal No. 3966 of 2007, filed by Chand Ram and Dev Raj, appellants, against the judgement and decree dated 23.10.2007, rendered by the Court of Additional District Judge, Moga, vide which, it accepted the appeals, modifying the judgement and decree dated 19.10.2005, rendered by the Court of Civil Judge (Senior Division), Moga.

(2.) THE plaintiffs (now appellants) claimed that the property, in dispute, was the exclusive ownership of Chetan Dass son of Badri Dass, who during his life time, executed a valid registered Will dated 15.12.69, in their favour. Chetan Dass, died, in the year 1983. After the death of Chetan Dass, the plaintiffs became the owners in possession of the land, in dispute, on the basis of the Will. It was stated that, Des Raj, defendant No. 1 (since deceased), adopted son of Sham Dass, had no right or interest, in the suit property, nor he could dispossess the plaintiffs, illegally and forcibly therefrom. Defendant No. 1, had already inherited the estate of Sham Dass, being his adopted son. It was further stated that Des Raj (since deceased) could not claim any property of his natural father Chetan Dass. Des Raj had been residing, in the house of Sham Dass, his adoptive father, since his childhood. The defendants were many a time asked, not to interfere, into the possession of the plaintiffs, over the suit land, but to no avail. On their final refusal, to desist, from their illegal designs, left with no other alternative, a suit for declaration and permanent injunction, was filed.

(3.) DEFENDANTS Nos. 2 to 4, were duly served, and Sh. Major Singh, filed power of attorney, on their behalf. But, later on, they did not file written statement, as a result thereof, their defence, was struck off.