P.S.PATWALIA,J - (1.) THE present revision petition has been filed challenging the order dated 3.1.2005 passed by the Civil Judge (Jr. Division), Jagadhari whereby an application for impleading the legal representatives of defendant No. 1 moved by the petitioners was dismissed.
(2.) THE respondent, Mahant Jairam Dass Chela Mahant Janki Dass filed a suit for declaration to the effect that he is the Mohtmim of Mandir Talab Tore Wala, Sadhaura in District Yamunanagar, with a further prayer that he is Mohtmim in all respects along with all movable and immovable properties thereof. In the suit apart from Janki Dass Chela Mahant Sita Ram, general public was impleaded as defendant. During the pendency of the proceedings in the suit, defendant No. 1 Janki Dass died on 30.6.2004. It was at this stage that an application was moved by the petitioners claiming that during his life time Mahant Janki Dass had executed a legal and valid Will dated 9.4.2004, which was duly registered with the Joint Sub Registrar, Sadhaura and as per the same, Iqbal Chela and Yasin Chela, petitioners herein, were his legal heirs having been duly adopted by him. They further claimed that they have inherited the property left by the deceased. They therefore prayed that their application be allowed.
(3.) THE application was opposed by the plaintiff, respondent No. 1 herein, on the ground that on the basis of a compromise arrived at between him and deceased Mahant Janki Dass in a civil suit, he was declared as owner in possession of the Mandir properties. He also claimed that Janki Dass had executed a valid Will dated 14.1.2000 in his favour which was registered with the Sub Registrar, Sadhaura. It was claimed that the applicants had approached the Court on the basis of a forged Will. It was further the case of the plaintiff that the property of a Hindu Mandir could not be transferred to a Muslim.;