BANARSI LAL Vs. SURESH CHANDER

JUDGEMENT

(1.) I am disposing of this appeal which has been directed against the judgment and decree dated 9.1.1999, passed by the court of Additional District Judge, Gurdaspur, at the motion stage itself. S/Shri Suresh Chander and four others filed a suit for declaration to the effect that they are the owners in possession of the property mentioned in the head note of the plaint with a consequential relief for a decree for permanent injunction restraining the defendants from interfering in the possession of the plaintiff over the suit property. It was alleged by the plaintiffs that Munshi Ram son of Shri Budda Mal was the owner in possession of the suit land and two houses. Munshi Ram died on 20.8.1990 leaving behind the plaintiffs and the defendants as his legal heirs, plaintiffs No. 1 to 3 and defendant No. 1 being sons, Defendant No. 3 being the daughter and plaintiff No. 4 and defendant No. 2 being the sons of defendant No. 1 Banarsi Lal son of Munshi Ram and of Shri Rajinder Kumar, the pre-deceased son of Munshi Ram respectively. Shri Munshi Ram executed a will dated 12.4.1990 in favour of the plaintiffs regarding the suit property and on the basis of that will the plaintiffs claim themselves to be the owners in possession of the suit property. However, the defendants having got no right, title or interest in the suit property asserted their right over the suit property.

(2.) NOTICE of the suit was given to the defendants. Defendants No. 1 and 2 were proceeded ex parte as they did not appear despite service. Written statement was filed on behalf of defendant No. 3 who admitted the claim of the plaintiffs.

(3.) THE trial Court believed the Will and passed an ex parte decree for declaration and injunction as prayed for.