BHARPUR SINGH Vs. SHAMSHER SINGH

JUDGEMENT

(1.) 1. Leave granted.

(2.) RAM Devi, the testatrix, widow of Jiwan Singh resident of Village Gharuan, Tehsil Kharar, District Ropar, Punjab, whose legal heirs and representatives are the appellants, executed a will on or about 30.3.1962 when she was aged about 75 years of age. She breathed her last on 19.6.1990. To show the relationship between the parties, we may at the outset notice the genealogical table. <IMG>JUDGEMENT_590_JT1_2009Image1.jpg</IMG> Admittedly, the two surviving daughters of the testatrix, namely, Smt. Gurdial Kaur alias Dialo and Smt. Kakko were married and had been living at far away places. Respondent being the beneficiary under the said Will filed a suit in the year 1993 against the appellants, inter alia, praying for setting aside an order of mutation passed in their favour on the premise that relying on or on the basis thereof, the appellants had threatened to alienate the suit land and dispossess him therefrom. Plaintiff- Respondent in his plaint alleged that during the life time of the testatrix, he used to look after her and in fact she expired in the house of his daughter Iqbal Kaur.

(3.) THE learned Subordinate Judge, 1st Class, Kharar, in view of the pleadings of the parties, framed the following issues: