RAVINDER KUMAR Vs. BANSI RAM

JUDGEMENT

(1.) THIS Regular Second Appeal was admitted on 13th May, 1999 on the following substantial questions of law:

(2.) IN the instant appeal filed under Section 100 of the Code of Civil Procedure, the defendant/appellant has challenged the judgment and decree dated 1st August, 1998, passed by the learned District Judge, Shimla, in Civil Appeal No.116 -S/13 of 1995 having arisen out of Civil Suit No.150/1 of 1991, decided by the Sub Judge 1st Class, Court No.2, Shimla, vide his judgment and decree dated 25th May, 1995, whereby he had decreed the suit for declaration with further relief of permanent prohibitory injunction filed by the plaintiff/ respondents.

(3.) THE plaintiffs filed the civil suit and sought declaration that theyhad inherited the estate of Shri Surtia to the exclusion of Smt. Muni Devi, who was impleaded as defendant No.1 and mutation No.452 attested on 20th December, 1990 by the revenue authorities qua his estate in favour of defendant No.1 Smt. Muni Devi who was not the heir of the deceased, was illegal, void and of no consequence. Further they also sought the relief that the gift made by Smt. Muni Devi in favour of the defendant/appellant, vide deed No.114 dated 26th February, 1991 was illegal, void and not binding on them with the consequential relief of permanent prohibitory injunction restraining him from causing any interference in the suit land.