Mehar Chand And ORS v. Wazir Chand And ORS




         
               RSA-2152-2022         

 !"#$%&$"%"' Mehar Chand & ors.

...... Appellants versus Wazir Chand & ors.

..... Respondents CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN *** Present :- Mr. Amit Jaswal, Advocate for the appellants.

*** PANKAJ JAIN, J. (ORAL) CM-7344-C-2022 This is an application seeking condonation of delay of 198 days in filing the present appeal.

For the reasons recorded in the application, this Court is satisfied that the applicant-appellant has shown sufficient cause to condone the delay in filing the appeal.

Application is allowed. Delay of 198 days in filing the appeal is condoned.

RSA-2152-2022 Appellants-Plaintiffs No.1, 5 & 6 are in appeal aggrieved of judgment and decree passed by Lower Appellate Court dated 16.08.2019 whereby judgment and decree passed by Trial Court dated 11.02.2015 stands affirmed dismissing the suit filed by the plaintiffs.
 

                      

                       Plaintiffs filed suit claiming that they along with defendants are co-sharers in joint possession of the suit land having inherited share of Karnail Ram, deceased son of Hans Raj @ Hansa Ram. Further prayer was for grant of decree of permanent injunction restraining defendants from selling, mortgaging, transferring or alienating the said suit property in any manner. Plaintiffs claimed that the suit land is ancestral 

  property of the parties. Karnail Ram son of Hans Raj @ Hansa Ram was brother of plaintiffs No.1 to 4, Mangat Ram father of plaintiffs No.5 to 8 and Raunki Ram father of defendants. Karnail Ram died issueless on 10.11.2007. Mangat Ram and Raunki Ram had also died. Defendants claimed their right and title over the share of Karnail Ram on the basis of a forged and fictitious WILL dated 18.11.2004. Defendants contested the suit propounding WILL dated 18.11.2004. Trial Court decreed the suit holding that the defendants successfully proved WILL (Ex.D7) executed by Karnail Ram in their favour. The aforesaid findings have been affirmed by the Lower Appellate Court.

            

  

   

        !!

        " 

    #    

      $%          "  &     %       "   "

 

 %   !!

%  # 

  '( & % 

   ) '* "

 

+  , " % "

   %     "

    

       

  "

  +  , " -  !!    &"      & %%        -   !!

  , " +"



  %   !!% - "  . $ - 

!!  "  /  0 12    /  3  4* ,  

&5.

 /  - "  . *%    

 !!      6   +   , "       

  

        

 )7''048  "    9-)'*  % 

 "% 6  %  +  , " ( &  $%  " % 

   # %  

      

 +   , " %    "

   - 

!!

!!    "

 +   , "        &   

& %     "          !!  

   : !           

 % %   & % 8
 "   

   "    " 

) 

 

    

   ( PANKAJ JAIN ) 29.01.2025 JUDGE Pooja Sharma-I Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No