BRAHM DUTT Vs. BIMLA DEVI

JUDGEMENT

(1.) The petitioner (defendant No.1 before the learned Trial Court) has filed the present petition for setting aside the order dtd. 4/11/2020 passed by learned Senior Civil Judge, Nahan, Distt. Sirmaur, H.P. vide which his application was dismissed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present petition are that the plaintiffs filed a Civil Suit before the learned Trial Court for seeking declaration that the Will dtd. 2/8/2005 stated to have been executed by Smt. Sunpa Devi and consequent mutation No.1365 attested on 23/10/2015 were null, void, and not binding on the plaintiffs and they are the owners of the said land to the extent of 1/11th share. A consequential relief of permanent prohibitory injunction restraining the defendants from transferring the land to any person was also sought.

(3.) The suit was opposed by the defendants by filing a written statement denying the contents of the plaint. It was asserted that deceased Sunpa Devi had executed a Will on 2/8/2005 in their favour in her sound disposing state of mind. Therefore, it was prayed that the suit be dismissed.