SURAM SINGH Vs. VIJAY SINGH AND ORS.

JUDGEMENT

(1.) Present petition is filed under Article 227 of Constitution of India against the order dated 17.1.2015 and 31.5.2015 passed by learned Civil Judge (Jr. Div.) Court No. 1 Una Distt. Una (H.P.) in Civil Suit No. 53 -I/11 titled Suram Singh v/s. Vijay Singh & Others.

(2.) Sh. Suram Singh plaintiff filed a civil suit for decree of declaration in favour of the plaintiff and against the co -defendants to the effect that plaintiff and co -defendants No. 1 to 3 are owners in possession of suit land in equal share qua the land of Sh. Jaswant Singh who died on dated 25.1.2011 on the basis of succession being Class -I legal heirs. It is pleaded that deceased Jaswant Singh was father of plaintiff and co - defendants No. 1 & 3 and was husband of co -defendant No. 2. It is further pleaded that Jaswant Singh died on dated 25.1.2011 leaving behind plaintiff and co -defendants No. 1 to 3 as Class -I legal heirs. It is further pleaded that plaintiff and co -defendants No. 1 to 3 became owners in possession of suit land on the basis of succession. It is further pleaded that deceased Jaswant Singh did not execute any Will dated 11.6.2008 in favour of plaintiff and co -defendants No. 1 to 3. It is further pleaded that deceased Jaswant Singh was not competent to execute any Will more than his share of the suit property in ancestral coparcenary property and he was holding the land under Sec. 30 of the Hindu Succession Act. It is pleaded that Will dated 11.6.2008 is void ab initio as it was not signed by two marginal witnesses as required under Indian Succession Act and is the result of fraud and is not binding upon the legal right, title and interest of the plaintiff. It is further pleaded that parties are Hindu and are governed by Hindu Law. It is further pleaded that the marriage of plaintiff son was fixed on 20.6.2011 at Delhi and for that purpose plaintiff alongwith his family members went to Delhi after locking their rooms of ancestral house located in Khasra Nos. 333 and 343. It is further pleaded that taking undue advantage of absence of plaintiff and his family members defendants broken the locks of rooms which were in possession of the plaintiff and took the possession illegally of the rooms which were in possession of the plaintiff. It is further pleaded that even mutation No. 115 dated 5.9.2011 is wrong, illegal and null and void and has no effect on the legal right of the plaintiff. Plaintiff also sought decree of permanent injunction against the defendants to the effect that defendants should not change the nature of the suit land in any manner and cancellation of entries of mutation on the basis of Will dated 11.6.2008 also sought.

(3.) Per contra written statement filed on behalf of co -defendants No. 1 to 3 in Civil Suit No. 53 -1 of 2011 pleaded therein that the suit is not maintainable. It is further pleaded that plaintiff has no cause of action. It is further pleaded that plaintiff did not approach the Court with clean hands and he has concealed the material facts from the Court. It is further pleaded that plaintiff has no locus standi to file the civil suit. It is further pleaded that plaintiff is estopped from filing the present suit by his act and conduct. It is further pleaded that suit land is not coparcenary property of deceased Jaswant Singh. It is further pleaded that suit land was self acquired property of deceased Jaswant Singh and he has every right to bequeath the property as per his wish and choice. It is further pleaded that plaintiff did not serve the deceased Jaswant Singh during his lifetime and also did not serve his old mother and he always tried to harass his father Jaswant Singh and old mother. It is further pleaded that deceased Jaswant Singh had executed Will No. 121 dated 11.6.2008. It is further pleaded that entries also recorded in the revenue record as per testamentary document. It is further pleaded that deceased Jaswant had bequeathed Khasra Nos. 805, 807 and 73 in favour of plaintiff and bequeathed all entire other properties in favour of defendants.