RAJ KUMAR Vs. KAILON DEVI

JUDGEMENT

(1.) VIDE this judgment, RSA Nos. 5020, 5021 and 5152 of 2003 would be disposed of as the civil suits, out of which the said appeals had arisen, were consolidated and were disposed of vide common judgment.

(2.) RAJ Kumar and Giani Ram filed a suit against Kailo Devi for declaration and permanent injunction. Kailo Devi filed a suit against Ram Kumar and others for declaration and permanent injunction. Both the said suits were consolidated by the trial Court vide order dated 13.8.2001 as the matter involved in both the suits was common. The present appeals have arisen out of the said suits.

(3.) IT is further averred that the will dated 11.6.1996 does not confer any right, title or interest in the suit land to the defendant. The plaintiffs requested the defendant to admit their claim but in vain. Hence, the cause of action arose to the plaintiffs and present suit has been filed in which a decree for declaration is sought to the effect that the plaintiffs and other natural heirs of deceased Ram Chander are the owners in possession of the suit land and the defendant has got no right by virtue of alleged will dated 11.6.1996 in the suit land and the will dated 11.6.1996 is null and void and not binding on the plaintiffs. The plaintiffs have also sought a decree for permanent injunction restraining the defendant from interfering in any manner with the possession of plaintiffs over the suit land or to alienate the same.