LAWS(HPH)-2011-9-110

HARMEHTAB SINGH RAREWALA Vs. JAGTESHWARPREET SINGH RAREWALA

Decided On September 09, 2011
Harmehtab Singh Rarewala Appellant
V/S
Jagteshwarpreet Singh Rarewala Respondents

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 31.5.2011 rendered by the learned Additional District Judge, Fast Track Court, Solan in Civil Appeal No.27/FTC/ 13 of 2010.

(2.) MATERIAL facts necessary for the adjudication of this Regular Second Appeal are that the appellant -plaintiff (hereinafter referred to as ˜plaintiff for convenience sake) instituted a suit for permanent injunction against the respondents -defendants (hereinafter referred to as defendants for convenience sake) stating therein that he was nephew of late Sh. Dileshwar Prit Singh Rarewala, who died on 13.2.2007 at Delhi. The deceased was being looked after by the plaintiff. Deceased had great love and affection towards him. Deceased died issueless. Plaintiff was nominated as the nominee by the deceased in his various bank accounts. Defendants No.1 and 2, namely, Jagteshwar Prit Singh Rarewala and Rameshwar Prit Singh Rarewala are the real brothers of the deceased. However, deceased was not looked after by them. Deceased had transferred his movable and immovable property in favour of the plaintiff through a will - on account of services being rendered by him. Deceased was living with him at Kasauli. It is further alleged that after the death of deceased, defendant No.3 in connivance with defendants No.1 and 2 had put his locks on the suit property. Defendants No.1 and 2 were threatening to remove the valuable items, including the will -. According to the plaintiffs, defendants have no right to enter into the suit property and also to remove valuable items, including will -.

(3.) PLAINTIFF filed replication to the written statement and reiterated the averments contained in the plaint. Plaintiff has also taken additional plea that in view of the pendency of the suit titled as Harmehtab Singh Rarewala versus Jagteshwar, the present suit was liable to be stayed. Plaintiff also filed written statement to the counter -claim. Plaintiff has taken the preliminary objections qua maintainability, non -joinder of necessary parities, valuation, locus standi and estoppel etc. On merits, it was admitted that counter -claimants are the real brothers of deceased. It was denied that the counter ­claimants were the owners of the suit property in equal shares. It was denied that counter -claimants were in possession of the suit property as absolute owners being class -II heirs of the deceased. It was denied that plaintiff had no right, title or interest in the suit property. It is alleged that deceased had executed a will - dated 1.9.2006 in a sound and disposing mind and as per this ˜will counter -claimants have no right, title or interest in the suit property.