MOOLA Vs. KISSO & ORS.

JUDGEMENT

(1.) This appeal has been filed by the appellant - plaintiff against the judgment and decree dated 22.11.2004 passed by the learned Additional District Judge, Fast Track Court, Chamba, District Chamba, H.P., affirming the judgment and decree dated 06.07.2002 passed by the learned Senior Sub Judge, Chamba, District Chamba, whereby the suit for declaration filed by the appellant -plaintiff was dismissed.

(2.) For brevity sake, hereinafter, the parties are to be referred to as in the trial Court.

(3.) The brief facts emerges from the record are that the plaintiff filed a suit for declaration and permanent prohibitory injunction against the defendants -respondents alleging that the testator deceased Chet Ram was his real uncle, who used to live with him and he used to look after and maintain deceased Chet Ram during his life. It is alleged that deceased Chet Ram was owner of land bearing Khata ­ Khatauni No.20/22, measuring 6 -6 bighas, comprised in Khasra Nos.282, 290, 295, 297, 306 and 314, Kitta 6, situated in Mohal Ghundera Pargana Manjeer, Tehsil Salooni, Distrixct Chamba (hereinafter referred to as the suit land), to the extent of 2/3rd share and had executed the valid will in favour of the plaintiff on 8.4.1984 bequeathing his entire moveable and immoveable property in favour of the plaintiff but the revenue officer did not take into consideration the impugned will and mutation No.145 of inheritance of property of deceased Chet Ram after his death was attested in favour of the plaintiff and present defendants in equal share, which mutation order is illegal, null and void. It is alleged that he requested the defendants to get the revenue entries corrected in his favour but they did not pay any heed to his request. It is further alleged by the plaintiff that he was also not offered reasonable opportunity by the Revenue Officer to produce the impugned will at the time of attestation of mutation of inheritance of property of deceased Chet Ram. As such, this suit for declaration and permanent prohibitory injunction has been filed by the plaintiff Mulla against the defendants.