SARABJIT SINGH Vs. GURINDER SINGH SANDHU

JUDGEMENT

(1.) IA NO.7711/2002 This is an application by the defendant No.3 under Order XII Rule 6 read with Section 151 of Code of Civil Procedure for passing the judgment on the admission of the parties. The defendant No.3/applicant has contended that partition of the properties of late Lieutenant Colonel Gurpuran Singh is sought by the plaintiff who is one of his daughters. The properties sought to be partitioned are given by the plaintiff in Schedule 1 to 7 annexed along with the plaint.

(2.) The applicant contended that plaintiff has erroneously included Khasra Nos.4919, 4929, 4930, 5038-5048 in village Banur, Tehsil Rajpura, District Patiala, Punjab which had been bequeathed by late Lieutenant Colonel Gurpuran Singh to defendant No.3 by his will and testament dated 29th January, 1982. Applicant contended that the said will was duly accepted by all the legal heirs who also affixed their signatures on the said will stating that they had no objection in respect of said will.

(3.) The applicant/defendant no.3 contended that the other legal heirs of late Lieutenant Colonel Gurpuran Singh, plaintiff, defendant No.1, defendant No.2 and defendant No.4 were given agricultural lands at village Banaur, Tehsil Rajpura, District Patiala, Punjab by virtue of various suits for declarations/possession filed and in order to maintain a parity and equity amongst all the legal heirs, the aforesaid will dated 29th January, 1982 was executed which was accepted by everyone.