Pitamber Lal vs Urmila Devi and Another

Deepak Gupta, J.—This petition under Article 227 of the Constitution of India is directed against the order 19.2.2011 passed by the learned Presiding Officer, Fast Track Court, Mandi rejecting the appeal of the Petitioner (here-in-after referred to as the Plaintiff).

The admitted facts of the case are that Defendant No. 1 Urmila Devi is the daughter in law being widow of the predeceased son of the Plaintiff and Defendant No. 2 is the son of the Plaintiff. The Defendants allege that their grandfather Masadi, father of the Plaintiff, willed his property to them. The Plaintiff by means of the suit has challenged the Will and one of the grounds of challenge is that the property in question is ancestral. The Will in question was executed in the year 1981 and mutation on the basis of the Will was passed on 1986. Prima facie it also stands established that since then the Defendants are coming in possession of the suit land. The Plaintiff has led no material to show that the property in the hands of Masadi was ancestral. He has laid challenge to the Will. Till the question regarding the validity of the Will is decided, it cannot be said that there is any prima facie case in favour of the Plaintiff. Therefore, the learned courts below were justified in passing the orders, which call for no interference. Accordingly, the petition is dismissed. No costs.