BHAJAN KAUR Vs. HARJIT KAUR AND ORS.

JUDGEMENT

(1.) Defendant Bhajan Kaur having remained successful in the trial court but having remained unsuccessful in the lower appellate court is in second appeal.

(2.) Respondents/Plaintiffs who are widow and two minor sons of Kulwinder Singh son of Bhajan Singh son of Sardool Singh filed suit against Defendant-Appellant Bhajan Kaur. The Plaintiffs alleged that Sardool Singh was owner of the suit land. He bequeathed the same in favour of his son Bhajan Singh vide Will dated 20.1.1989. Accordingly, Bhajan Singh inherited the suit land and became owner in possession thereof. Bhajan Singh had three sons Kulwinder Singh, Balwinder Singh and Sukhwinder Singh but all of them have died. Plaintiffs were rendering services to Bhajan Singh. Bhajan Singh executed Will dated 24.9.2002 in favour of the Plaintiffs and accordingly Plaintiffs have become owners in possession of the suit land on the death of Bhajan Singh. Defendant has no right, title or interest in the suit land but she threatened to dispossess the Plaintiffs therefrom. Plaintiffs accordingly sought declaration that they are owners in possession of the suit land. Plaintiffs also claimed permanent injunction.

(3.) Defendant controverted the plaint allegations. Execution of Will dated 20.1.1989 by Sardool Singh in favour of Bhajan Singh was denied. It was alleged that said Will is false and fabricated. Defendant was looking after Sardool Singh. Mutation No. 3453 was entered in favour of Bhajan Singh on the basis of aforesaid Will but the mutation was ultimately sanctioned in favour of both Bhajan Singh and Defendant Bhajan Kaur in equal shares. Defendant is co-sharer in the suit land to the extent of half share and is in joint possession thereof. Will dated 20.1.1989 is surrounded by suspicious circumstances and was never executed by Sardool Singh. Various other pleas were also raised.