VIJAY SINGH Vs. INDRA SINGH

JUDGEMENT

(1.) This civil second appeal has been preferred by appellant-plaintiffs against the judgment and decree dated 25.08.2011 passed by learned Additional District Judge (Fast Track) No.3, Metropolitan City Jodhpur in Civil First Appeal No.47/2011 (149/2006), whereby the learned first appellate court dismissed the appeal filed by the appellant-plaintiffs and affirmed the judgment and decree dated 06.10.2006 passed by learned Civil Judge (Junior Division), Jodhpur in Civil Original Suit No.12/2002, whereby the learned trial court dismissed the suit filed by the appellant-plaintiffs for declaration and permanent injunction.

(2.) The brief facts of the case are that appellant plaintiffs filed a suit for declaration and permanent injunction against the respondent-defendants. It was averred in the plaint that late Dhokal Singh and late Jawahar Kanwar were grandfather and grandmother of the plaintiff No.1 and fatherin-law and mother-in-law of plaintiff No.2. After the death of Dhokal Singh, late Jawahar Kanwar adopted late Nain Singh, who was husband of the plaintiff No.2. Said Nain Singh had adopted plaintiff No.1 and adoption deed was also executed in accordance with law, as such the relation of late Smt. Jawahar Kanwar and the plaintiff No.1 established as grandson and grandmother. After the death of Nain Singh on 17.06.1986, plaintiffs and Smt. Jawahar Kanwar became legal heirs of Nain Singh and after the death of Jawahar Kanwar on 13.10.2001, the plaintiffs became the legal heirs of the late Smt. Jawahar Kanwar, therefore, the plaintiff No.1 submitted an application on 17.11.2001 alongwith adoption deed for entering their names in the revenue record of the agricultural land and mutation in their name. The defendant No.1 also made an application for mutation of the agricultural land in question in his name on the basis of the will and when this fact came to the knowledge of the plaintiff No.1, he made objection and filed an application before the District Collector, Jodhpur stating the factual aspects. Thereafter the plaintiffs obtained the alleged will and filed the civil suit.

(3.) The respondent-defendant No.1 filed the written statement by admitting some factual aspects and mentioned some new facts. It was averred that late Smt. Jawahar Kanwar had two legal heirs, namely, Nain Singh and Ram Kanwar and after her death, the names of Nain Singh and Ram Kanwar were entered in revenue record regarding the agricultural land.