SH. RAJU Vs. ANUSUIYA

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, petitioners assail Order dated 28.1.2019 passed by the Court of learned Senior Civil Judge, Chamba, vide which an application filed by the respondent under Order 18 Rule 17 and Section 65 of the Indian Evidence Act has been allowed.

(2.) I have heard learned counsel for the petitioners and have also gone through the impugned order as also the record appended with the petition.

(3.) Brief facts necessary for adjudication of the present petition are as under. Petitioners before this Court are plaintiffs before the learned Court below along with proforma respondent No.2. They have filed a suit for declaration that they were non-? occupancy tenants over the suit land measuring 02-?08-?00 bighas situated at Mauza Baror, Pargna Gudial, Tehsil and District Chamba on payment of rent to one Sh. Mohd Sharif and had thus become owner of the same by operation of law. As per them, late Mohd. Sharif did not execute any Will in favour of defendant and Will dated 15.10.2002 was a result of fraud, misrepresentation and was a fabricated document and Mutation No. 1101 dated 17.3.2007 attested in favour of the defendant on the basis of Will dated 15.10.2002 was not binding upon them.