Nathu Ram vs Lila Devi - 2025 Supreme(P&H) 963

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 963

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANIL KSHETARPAL
Nathu Ram – Appellant
Versus
Lila Devi – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Avnish Mittal, Advocate and Mr. D.K. Sharma, Advocate
For the Respondent:Mr. V.K. Jindal, Advocate with Mr. Akshay Jindal, Advocate and Mr. Pankaj Gautam, Advocate

JUDGMENT :

Anil Kshetarpal, J.

1. Factual Matrix:-

1.1 The defendant assails the correctness of concurrent findings of fact arrived at by the Courts below while decreeing plaintiffs suit for grant of decree of possession with respect to land measuring 28 kanal and 4 marlas located in Village Marwa Khurd, Jagadhari. In fact, the First Appellate Court has slightly modified the trial Court decree.

1.2 The dispute in this litigation is with respect to property left behind by late Sh. Bharat Singh, who died on 01.06.1979.

1.3 At this stage, it will be appropriate to draw a family tree to understand the inter se relationship of the parties.

1.4 The plaintiffs claim the property on the basis of natural succession, whereas, defendant-appellant claims the property on the basis of Will dated 28.07.1970, allegedly executed by Sh. Bharat Singh. The plaintiffs also claim that the property is ancestral in nature and the parties were governed by customary law, hence, it could not be bequeathed through Will. The residential house of Sh. Bharat Singh is in possession of the plaintiffs.

1.5 The defendant contested the suit claiming that plaintiffs are neither in possession of the house nor they are in poss

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