RAJENDER SINGH Vs. GAJINDER SINGH & OTHERS

JUDGEMENT

(1.) Being aggrieved and dis-satisfied with the order dated 12.12.2017, passed by learned Senior Civil Judge, Chamba, District Chamba, whereby the Court below dismissed the application under Section 151 of the Code of Civil Procedure (for short 'CPC') filed on behalf of applicant-plaintiff for leading additional evidence, petitioner (hereinafter referred to as the 'plaintiff') has approached this Court in the instant proceedings.

(2.) Necessary facts, as emerged from the material available on record, are that the plaintiff filed a suit against the respondents-defendants (hereinafter referred to as the 'defendants') for declaration to the effect that Uttmo Devi (deceased) mother of the plaintiff and defendant No.1, namely; Gazinder Singh, who was owner in possession of the land detailed in the plaint, bequeathed her entire property in favour of the plaintiff vide registered Will dated 23.08.1993 and mutation No.992 dated 15.06.2005, whereby defendant got suit land to the extent of half share mutated in his favour in connivance with the revenue officials, is wrong, illegal, void and inoperative. Plaintiff also prayed that mutation No.992, dated 15.06.2005 and subsequent entries in favour of the defendants may be declared as null and void. Apart from above, plaintiff also sought decree for permanent prohibitory injunction restraining the defendants from interfering in possession of the plaintiffs in any manner and from taking forcible possession of the suit land.

(3.) Defendant No.1, while contesting the claim of the plaintiff, as set up in the plaint, though admitted the factum with regard to execution of Will dated 208.1993 by late Uttmo Devi in favour of the plaintiff, but, claimed that the Will set up by the plaintiff was subsequently cancelled by late Uttmo Devi by executing another Will dated 05.10.2003, whereby she bequeathed her entire property in favour of both; plaintiff and defendant No.1; in equal shares.