AJEET SLNGH Vs. SARDAR RAWAL SINGH

JUDGEMENT

(1.) These two appeals under 0.43 R.1(r) of the Code of Civil Procedure against the order dated 19.121990 of the District Judge Jaipur City in application nos.51 of 1990 and 61 of 1990 under 0.39 R.1 Sr 2 Code of Civil Procedure raise common questions of law and facts and, therefore, are being disposed of by this judgment.

(2.) Sardar Rawail Singh filed a suit against his son Ajeet Singh asserting that plot no.308 at Adarsh Nagar, Jaipur was purchased by him from Punjabi Cooperative Housing Society Ltd. On this plot, he built his house from the money which he received as compensation. He asserted that another plot no.5/496 in Rajapark, Jaipur was got allotted by him to his son Ajeet Singh and that the house constructed thereon was given to Ajeet Singh . On 15.6.1989, he executed a registered will bequeathing the house in dispute to his three daughters and had further made arrangement of giving a portion thereof to Satpal Singh who is the son of fourth widowed daughter. Execution of the will enraged Ajeet Singh and he started creating complications as a result whereof the plaintiff asked Ajeet Singh not to use the passage. Which was a cause of trouble. As the dispute could not be settled amicably, the plaintiff had to bring the suit for injunction restraining the defendant-Ajeet Singh from interfering with his possession.

(3.) The suit was contested by Ajeet Singh asserting that he was the owner of the house and the plaintiff Sardar Rawail Singh, his father had no right over the property. The defendant claimed that from his own income, he constructed the house and his father had no right to execute any will in regard to the same.