IMPORTANT POINT
Existence of ‘a substantial question of law’ is sine qua non for exercise of jurisdiction u/s 100 CPC.

JUDGMENT

M.R. SHAH, J.

Feeling aggrieved and dissatisfied with the impugned judgment and order dated 27.11.2007 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Regular Second Appeal No.2191 of 1985 by which the High Court has allowed the said appeal preferred by the respondent herein-original plaintiff (now dead and represented by LRs) and has quashed and set aside the judgment and decree passed by the First Appellate Court and consequently restored the judgment and decree passed by the learned Trial Court, the original defendants have preferred the present appeal.

2. The facts leading to present appeal in nutshell are as under:

That the respondent–original plaintiff (hereinafter referred to as ‘original plaintiff’) filed a suit in the Court of Sub Judge, First Class, Sangrur for perpetual injunction restraining the original defendants from dispossessing him from the suit land. It was the case on behalf of the original plaintiff that he and his brother Bhagwan Singh alias Nikka Singh were owners and in possession of the suit land. Bhagwan Singh alias Nikka Singh expired leaving behind the plaintiff to be his only successor. Bhagwan Singh had no wife or children. The defendants who had no concern with the suit land were out to dispossess him from the same forcibly. Hence, therefore, he filed the aforesaid suit against the defendants for perpetual injunction.

2.1 That the defendants appeared before the Trial Court and resisted the suit by filling the written statement. It was denied by the defendants that the plaintiff was the successor of Bhagwan Singh, deceased. According to the defendants, Bhagwan Singh, before his death, executed a Will in favour of Defendant Nos.2 to 6 on 17.01.1980. According to the defendants, as all the defendants served Bhagwan Singh in his lifetime and therefore he executed the Will in favour of Defendant nos.2 to 6 because of the services rendered. It was the case on behalf of the defendants that prior to it also, Bhagwan Singh alias Nikka Singh had got executed a Will on 17.08.1979, but the same remained as unregistered one. It was admitted that in the lifetime of Bhagwan Singh, both the plaintiff and the Bhagwan Singh, cultivated the suit land jointly. According to the defendants, after the death of Bhagwan Singh, Defendant Nos.2 to 6 came into possession of half share of Bhagwan Singh. In the alternative, the defendants pleaded that even if it was proved that the original plaintiff was in possession of the suit land, Defendant Nos. 2 to 6 were entitled to joint possession of half share of the suit land which belonged to Bhagwan Singh, deceased.

2.2 That the original plaintiff, in the replication filed, denied having Bhagwan Singh - deceased, executed the Will in favour of the Defendant Nos.2 to 6 on 17.01.1980. He pleaded that Bhagwan Singh was not in a position to make any Will. Bhagwan Singh was actually murdered by the defendants by administrating poison to him and that the defendants were prosecuted for the murder of Bhagwan Singh deceased. That the defendants forged the Will on behalf of the Bhagwan Singh and under the umbrella of that forged document they were out to dispossess him forcibly. It was also denied that the defendants were in possession of the suit land with regard to the share of Bhagwan Singh.

3. That on the basis of pleadings, the learned Trial Court framed the following issues :

“1. Whether the plaintiff is the sole heir of Bhagwan Singh, deceased ?

2. Whether the plaintiff is in possession of the property in dispute?

3. Whether the plaintiff is entitled to the relief prayed for?

4. Whether Bhagwan Singh deceased made a valid will as alleged in written statement in favour of defendants Nos.2 to 6?

5. If issue No.2 is proved in favour of the plaintiff whether defendant Nos.2 to 6 are entitled to joint possession of the land in suit?

6 Whether the defendants are governed in matters of marriage by the Punjab Pepsu Customary Law? If so, its effect?

7. Relief.