DANO Vs. MOHAR SINGH

JUDGEMENT

(1.) This appeal is directed against the degree and judgment of the learned Additional District Judge, Jhajjar in Civil Appeal No. 222 of-1995 decided on 8.1.1999.

(2.) The plaintiff-appellants filed the suit for a declaration and permanent injunction that they are the members of the joint Hindu Family and Mam Chand, the husband of the 1st plaintiff and father of the 2nd plaintiff and defendants died in the year 1985 and the suit property was purchased in the name of Main Chand and the same was partitioned by way of family partition and the plaintiffs got the portion marked as ABEF as shown in the plaint plan and the same is being used by the plaintiffs for residential purposes and that the plaintiffs came to know that the defendants obtained a forged Will of Mam Chand on 15.5.1984 and the said Will is illegal and null & void and the defendants 1, 2 and 4 are threatening to interfere with the possession of the plaintiffs. Therefore, they filed the suit.

(3.) At the outset it may be stated that the defendants 4, 7 and 8 admitted the claim of the plaintiffs while the defendants 1, 3, 5 and 6 contested the suit. According to them, they are residing separately for the last 15 years from Mam Chand and the plot in dispute was not purchased out of the family funds and the said plot was purchased by Mam Chand out of his personal earnings and there was no partition and the portion ABEF was not allotted to the plaintiffs in the family partition and the plaintiffs are not using the same for residential purposes. They have further alleged that Mam Chand executed a Will on 15.5.1984 and the same is legal, valid and binding on the plaintiffs.