AMAR SINGH Vs. GITA DEVI

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order of the learned Sub Judge (5), Shimla passed in Civil Suit No.495-I/99/95 titled as Geeta Devi vs. Amar Singh and others.

(2.) THE brief facts of the case are that Geeta Devi plaintiff filed a suit for possession of two rooms, kitchen, veranda and cow-shed in ground floor of building situate in khasra No.241, mauza Rampur Keunthal, Tehsil and District Shimla. In the plaint it was alleged that the property in question had been constructed by Sh.Khushi Ram who had executed a Will bequeathing his entire movable and immovable property in favour of the plaintiff. It was alleged that the defendants are strangers to the plaintiff and have no right to the property in question.

(3.) THE suit was filed on 7.8.1995. Written statement was filed on 3.6.1996. Issues in the suit were framed on 2.9.1997. As many as 18 issues were framed and issue No.10 as framed reads as follows: