ROSHAN LAL Vs. OM PRAKASH

JUDGEMENT

(1.) By way of instant petition, order dtd. 6/2/2015 passed by learned Civil Judge (Junior Division), Court No.1, Una in Civil Suit No. 269/2001 has been assailed.

(2.) Petitioner herein is the plaintiff in civil suit No. 269 of 2001 before learned trial Court. He has filed a suit for declaration and permanent prohibitory injunction to the effect that will dtd. 26/6/1973 executed by his uncle Shri Hans Raj in favour of defendant No. 1 (respondent No.1 herein) is wrong, illegal and void and plaintiff as well as defendants No. 1 to 4 are owner in possession of the suit land in equal share. Sale of some portion of suit land by defendant No.1 in favour of defendant No.5 has also been challenged. Relief of permanent prohibitory injunction restraining defendants No. 1 and 5 from changing the nature of suit land by raising any sort of construction or alienation is also sought. In alternative, a decree of possession has been claimed.

(3.) The defendants are contesting the claim of plaintiff and the parties have been put to trial. Following issues have been framed in the suit on the pleadings of the parties:-