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ALOK JAIN
Harbhajan Singh – Appellant
Versus
Piara Singh – Respondent
JUDGMENT
Alok Jain, J.
The present appeal arises out of a suit filed by the appellants-plaintiffs for permanent injunction restraining the defendants from illegally and forcibly interfering in the peaceful possession of the premises. Another suit by the appellants-plaintiffs for possession by way of partition of 2/3rd share of the house was also consolidated and the defendant had also raised the counter claim. The learned trial Court vide its judgment and decree dated 15.04.2005 dismissed the suit of the appellants-plaintiffs and returned a finding that the appellants-plaintiffs is not entitled to permanent injunction as prayed for and the counter claim raised by the defendant was decreed and the defendant was held to be entitled to the possession of the site.
2. The appeal filed by the appellants-plaintiffs also came to be dismissed by ADJ, Hoshiarpur on 13.09.20211 and as the appellants-plaintiffs had failed to prove their case.
3. Aggrieved by the above, present second appeal came to be filed.
4. The brief facts of the case as narrated by the counsel for the appellants are that plaintiffs had filed a suit for possession by way of partition of 2/3rd share of the house in dispute,
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Suit for partition - Partial partition not permissible - Admission of parties - Will duly established and cannot be held to be forge or fabricated one.
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The validity of a will is undermined when it is executed under suspicious circumstances, necessitating the propounder to dispel these doubts for the document to be accepted legally.
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