Neelam Khanna vs Naresh Khosla - 2025 Supreme(P&H) 584

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 584

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Neelam Khanna – Appellant
Versus
Naresh Khosla – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Sandeep Arora, Advocate

JUDGMENT :

Alka Sarin, J.

The present regular second appeal has been preferred by the plaintiff-appellants challenging the judgments and decrees dated 25.05.2015 and 11.04.2019 passed by the Trial Court and the First Appellate Court, respectively, dismissing the suit filed by them.

2. Brief facts relevant to the present lis are that the plaintiff-appellants herein filed a suit for joint possession and permanent injunction. The parties are the sons and daughters of Girdhari Lal. As per the plaintiff-appellants the land and houses subject matter of the suit were ancestral properties. Nihal Singh was the owner and after him the same were inherited by Piare Lal and then by Girdhari Lal. According to the plaintiff-appellants on the death of Girdhari Lal on 29.12.2005, the suit properties should have gone to his sons and daughters as per their shares, but the defendant-respondents got the suit properties recorded in their names on the basis of a Will dated 14.01.1992 purportedly executed by Girdhari Lal. It was their stand that Girdhari Lal could execute the Will only qua his own share in the ancestral suit properties and not the entire suit properties. Since Girdhari Lal had 9 children and

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