SARABJIT SINGH Vs. GURINDER SINGH SANDHU

JUDGEMENT

(1.) 17 years have gone by and still the Court is faced with the question as to which of the Defendants should cross examine the PW-1, the only witness whose examination-in-chief has been completed. In order to appreciate the point in issue, it is necessary to give brief facts of the case.

(2.) A suit for partition came to be filed by the Plaintiff against her brother (D-1), sisters (D-2 to 4) and husband of Defendant No. 2 (D-5). The centre of controversy was the properties left by one Lt. Col. Gurpuran Singh, father of the Plaintiff and the Defendants No. 1 to 4. He is stated to have died at Delhi on 13th April, 1992. From the list of properties, Late Lt. Col. Gurpuran Singh seemed to be a man of means as he even owned a Rolls Royce car. The claim of the Plaintiff was that she has 1/5th share in the estate of the Late Lt. Col. Gurpuran Singh on the basis of the Will dated 4th March, 1992 purported to have been made by him.

(3.) The Defendant No. 3 filed her written statement and had not specifically denied the execution of the Will dated 4th March, 1992 purported to have been made by her father. However, she took the stand that one of the properties, which was huge agricultural land, was given to her by the deceased father vide Will dated 29th January, 1982. Thus, the Defendant No. 3 had partially supported the case of the Plaintiff except that she wanted the agricultural land be taken away from the arena of controversy.