Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Jia Lal – Appellant
Versus
Jia Lal (deceased) through LRs – Respondent
| Table of Content |
|---|
| 1. ownership claim by plaintiffs. (Para 1 , 2) |
| 2. dispute over will execution and ownership. (Para 3 , 4 , 7 , 8) |
| 3. court's analysis on abatement principles. (Para 9 , 10) |
| 4. principles of contradictory decrees and abatement. (Para 11) |
| 5. dismissal of appeal due to abatement. (Para 15 , 16) |
JUDGMENT :
Rakesh Kainthla, J.
The present appellant was the defendant before the learned Trial Court, respondents no. 1 to 6 were the plaintiffs and the other respondents were the defendants.
2. The plaintiffs had filed the suit seeking a declaration that they be declared owners in possession of the land mentioned in Para 1 of the plaint and defendant no. 1 be restrained from claiming any interest qua the estate of deceased Barain Singh in the suit land.
3. The defendant No.1 filed a written statement asserting that the suit land was earlier owned by Narayan Singh, who had executed a Will on 12.12.1967 in his sound disposing state of mind in favour of defendant no. 1. The Learned Trial Court held that the execution of the Will propounded by the defendant was not proved; hence, the suit of the plaintiff was decreed.
4. The defendant filed an appeal, which was dismissed.
5. Being aggrieved
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
