WOODLAND SOCIETY, ANDRETTA Vs. PINKI DEVI

JUDGEMENT

(1.) THIS Regular Second Appeal was admitted on the following substantial questions of law: (1) Whetherthe judgment and decree of the Courts below are perverse and contrary to the settled position of law? (2) Whether the findings of the Courts below that the defendants have become owners of the suit property, dehors of the evidence and contrary to the law? (3) Whether the impugned judgment and decree is vitiated by material irregularity and illegality by the exclusion from consideration the material documents including the Will executed by the admitted owner of the property?

(2.) THE facts giving rise to the instant appeal can be summed up thus. The appellant -society was plaintiff before the learned trial Court. They filed the suit for injunction with respect to the suit land against one Smt. Sarswati Devi, successor -in -interest of Shri Jat and Shri Baldev Singh Thakur, Sarpanch of Gram Panchayat and Shri Chuni Lal, the vendees, the original defendants. During the pendency of the present appeal Chuni Lal died, as such his legal representatives No.3 (a) to 3(f) were brought on record.

(3.) THE learned District Judge, Kangra at Dharamshala had granted probate in Probate Case No.4 of 1974 with respect to the Will of Mrs. Nohra Richard. After her death the mutation was attested on 18.4.1972 in favour of Shri Jat reflecting an entry that it would revert back to the society.