DHARAM DASS Vs. PREM SWARUP

JUDGEMENT

(1.) By this common judgment, two CMPM Os, particulars whereof appear in the title of this judgment, are being disposed of, as the controversy involved, arises out of same facts and situation.

(2.) Prem Swarup, Respondent in both cases, filed a civil suit, being Civil Suit No. 82-K/1 of 1997, in the Civil Court, for issuance of permanent prohibitory injunction, restraining Bhup Ram and Ors. from cutting trees or changing the nature of the suit land, claiming that he was a joint owner in possession. That suit was contested by Bhup Ram and other Defendants, who too were stated as joint owners. Prem Swarup's claim that he was joint owner, was denied and it was stated he had set up a fictitious Will, purporting to have been executed by one Mahi Ram, who was a joint owner with them.

(3.) Another suit was filed by late Smt. Kamla against Respondent Prem Swarup. Said Smt. Kamla was the wife of Mahi Ram, aforesaid. In her suit, she challenged the Will, allegedly executed by her husband Mahi Ram, in favour of Prem Swarup. That suit was contested by Prem Swarup. He alleged that Will was valid.