SURENDRA KUMAR Vs. HAR PYARI

JUDGEMENT

(1.) Heard learned counsel for the parties at the admission stage.

(2.) Two suits being O.S. No.112 of 1988 (hereinafter referred to as ''first suit') and O.S. No.135 of 1989 (hereinafter referred to as ''second suit') were consolidated and decided on 11.08.1998 by First Additional Civil Judge, Senior Division, Moradabad. Against the said judgment and decree, appellants filed two civil appeals being Civil Appeal No.168 of 1998 arising out of first suit and Civil Appeal No.167 of 1998 arising out of second suit. In one of the appeals cross-objections were also filed. A.D.J. Court No.6, Moradabad dismissed both the appeals as well as cross-objections through judgment and decree dated 25.10.2010 (or 26.10.2010) hence these second appeals.

(3.) First suit was filed by the appellants of these second appeals i.e. Surendra Kumar and Hari Prakash sons of late Kanahaiya Lal. Second suit was filed by Har Pyari (aunt of present appellants) against the present appellants. Appellants in their suit (first suit) contended that Manohar Lal had three sons Raj Kumar, Musaddi Lal and Kanhaiya Lal (father of appellants), that Raj Kumar and his wife Har Pyari (defendant in the first suit and plaintiff in the second suit) through registered sale deed dated 14.09.1970 registered on 19.12.1970 jointly purchased the property in dispute from Mahendra Singh and others, that Raj Kumar died on 27.01.1986 however before his death a Will had been executed by him and his wife Har Pyari on 06.01.1986 regarding property in dispute in favour of the present appellants. Raj Kumar and Har Pyari had no issue. Musaddi Lal had 9 issues i.e. three sons and six daughters. The three sons were defendants No.2 to 4 in the first suit. Copy of the Will has been filed along with written arguments filed by learned counsel for the appellants.