KULDEEP CHAND AND ANOTHER Vs. BHAGI RATH

JUDGEMENT

(1.) This appeal has been filed by the appellants/defendants (hereinafter referred to as 'defendants') against the judgment passed by the Court of learned Additional District Judge, Ghumarwin, District Bilaspur, in Civil Appeal No. 46/13 of 2004/2000, dated 12.04.2006, vide which, learned Appellate Court while rejecting the appeal so filed by the defendant-appellant has upheld the judgment and decree passed by the Court of learned Sub Judge 1st Class, Ghumarwin, in Civil Suit No. 125/1 of 1991, dated 29.12.1999.

(2.) This appeal was admitted on 18.12.1006 on the following substantial question of law:

(3.) Brief facts necessary for the adjudication of this case are that respondent/plaintiff (hereinafter referred to as 'plaintiff') filed a suit for possession of the suit land on the pleadings that one Shri Punnu Ram son of Shri Mali was owner of land comprised in Khata Khatauni No. 30/38, Khasra Nos. 34, 42, 47, 142, 153, 155, 160 and 169, measuring 16.18 bighas, situated in village Kharota, Pargana Sunhani, Tehsil Ghumarwin, District Bilaspur, H.P which property was succeeded by plaintiff after the death of Punnu Ram, who died on 15.08.1989. As per the plaintiff, Punnu Ram was his real maternal uncle and plaintiff was the sole successor to the property of deceased Punnu. According to the plaintiff, last rites of Punnu after his death were also performed by him as he had started living in the house of deceased and also was looking after the management of the land of Shri Punnu. According to the plaintiff, defendants were interfering in the property of deceased Punnu on the pretext that Punnu had made a 'Will' in their name and they had also forcibly taken possession of the suit land as well as house from the plaintiff on 20.01.1991 with the help of police. Further as per the plaintiff, defendants had no right, title or interest over the suit land and Shri Punnu had executed no 'Will' in favour of defendants and the order which had been passed by Sub Registrar, Ghumarwin, District Bilaspur, vide which it has ordered that the 'Will' be registered, was illegal, wrong, null and void. On these bases, the plaintiff filed the suit praying for decree of possession of the suit land.