JIT RAM Vs. SATNAM SINGH

JUDGEMENT

(1.) Leave granted.

(2.) This Appeal is directed against the judgment and order dated 28.03.2019 passed by the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal No.3809 of 2013 (O & M).

(3.) One Banta, father of Jit Ram and Sibo, died on 02.07.1992. Sibo, though married, was not staying with her husband, but used to reside with her father Banta. After the death of Banta, Sibo filed Civil Suit No.143 of 1993 for declaration that she had become the owner and was in possession of land admeasuring 5 kanals out of land admeasuring 9 kanals 14 marlas Civil Appeal No.9087 of 2019 @ SLP(C)No.13835 of 2019 Jit Ram now deceased through LRs. vs. Satnam Singh owned and possessed by Banta on the basis of Will dated 26.06.1992 executed by Banta. Sibo also sought a decree for permanent injunction to restrain Jit Ram from interfering with her possession and from alienating the land or any portion thereof. The Suit was dismissed by the Additional Civil Judge (Senior Division), Garhshankar, by his judgment and decree dated 28.04.1998. It was held that the Will, on the basis of which the claim was raised, was highly suspicious and that Sibo had failed to prove her case.