1. Petitioner Harbans Kour was a defendant in respondents suit for declaration to the effect that will stated to have been executed on 2-04-2000 by Faquir Singh, the father of the parties, and registered on 20th of April, 2000 in favour of the petitioner was null and void, And additionally, a permanent prohibitory injunction restraining the petitioner from selling, alienating or transferring the possession of land measuring 12 kanals 12 marlas comprised in Khasra Nos. 56, 205, 220, 221, 222, 223 and 53 situated at Village Flora, R.S. Pura and from raising any type of construction therein.

2. Considering the pleadings of the parties, the trial court framed preliminary as well as factual issues which read thus:-

FRELIMINARY ISSUES:-

(1) Whether the suit in the present form is not maintainable as the plaintiff has been dis-inherited by his father and is liable to be dismissed? OPD.

(2) Whether the proper court fee has not been affixed and attached with the suit? OPD.

(3) Whether the suit of the plaintiff is maintainable as the evacuee property is not liable to be transferred by way of will deed under Section 3 (A) of Agrarian Reforms Act? OPD.

FACTUAL ISSUES:-

(1) Whether the plaintiff is in

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