BASHIR Vs. NAZIR BEGUM

JUDGEMENT

(1.) By this petition, filed under Article 227 of the Constitution of India, the petitioner has called in question order dtd. 20/2/2024 passed by the Court of learned Sub-Judge (CJM), Rajouri (hereinafter to be referred as "the trial Court) in an application filed by respondent Nos. 2 and 3 for transposing them as plaintiffs in a pending suit for declaration filed by respondent No.1 titled "Nazir Begum v. Mohd. Bashir and others.

(2.) Facts leading to the filing of this petition, as pleaded by the petitioner, are that father of the petitioner, namely, Sh. Ismail, after death of his wife, namely Kesar Bi, mother of the petitioner, contracted second marriage with respondent No.1. After the death of father of respondent No.1, father of the petitioner took care of not only respondent No.1, being his wife, but other members of respondent No.1's family including mother, Noor Begum, and her two brothers i.e. respondent Nos. 2 and 3. According to the petitioner, respondent Nos. 2 and 3, who are brothers of respondent No.1, also abandoned their mother Noor Begum and it was the petitioner who use to take care of said Noor Begum, by treating her as his own mother, and provide all basic amenities of life.

(3.) Case of the petitioner is that said Noor Begum, out of her own free will and without any undue influence or coercion, out of total 61 kanals of land, bequeathed land measuring 21 kanals and 4 marlas comprising in Khasra No.833 min situated at village Muradpur, Tehsil and District Rajouri in favour of the petitioner, which, it is contended by the petitioner, was in response to the love and care shown by him towards said Noor Begum. Rest of the land has been devolved upon respondent Nos. 1 to 3. It is contended that the fact of bequeathing of the property in favour of the petitioner was within the knowledge of respondent Nos.1 and 3. After the death of said Noor Begum, testator, the will made in favour of the petitioner was acted upon and mutation No.758 came to be attested in favour of the petitioner.