SAMPAT SINGH Vs. BHAGWANTI

JUDGEMENT

(1.) Defendant No. 1 has filed the present appeal challenging the judgment and decrees of the Courts below whereby suit for declaration with consequential relief of permanent injunction filed by the plaintiff-respondent No. 1, has been decreed.

(2.) As per the averments made in the plaint, one Harchand Godara, father of the parties, was owner in possession of land measuring 106 kanals 13 marlas. After his death, mutation of inheritance was sanctioned vide mutation No. 1843 dated 25.7.1995 in favour of three sons and six daughters (including the appellant) to the extent of 1/9th share each. However, said mutation was changed by virtue of order (Ex. D2) dated 31.3.2000 passed by S.D.O (C) exercising the powers of Collector, Siwani, and mutation dated 25.7.1995 was cancelled and fresh mutation was sanctioned on the basis of a registered Will dated 16.12.1985 in favour of only three sons of Harchand Godara i.e defendants No. 1 to 3 vide Ex. D5 in equal shares. The plaintiff-respondent No. 1 challenged the aforesaid mutation alleging that no Will was ever executed by her father Harchand and the Will dated 16.12.1985 was the result of fraud and misrepresentation. Thus, the plaintiff claimed herself to be the owner in possession to the extent of 1/9th share in the land in dispute and sought declaration that the Will dated 16.12.1985 was illegal, null and void having no binding effect upon her rights.

(3.) On the other hand, the defendant-appellant submitted that Will dated 16.12.1985 was legally executed by Harchand himself. It was further submitted that the suit land was ancestral property and in case the Will is ignored then the plaintiff would not be having 1/9th share rather her share in the suit land would be 1/45th share. Thus, prayer for dismissal of the suit was made.