SUKHA SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) THIS is defendants' second appeal challenging the judgment and decrees of the courts below whereby suit of the plaintiff-respondent for joint possession with consequential relief of permanent injunction regarding the suit land was decreed.

(2.) THE plaintiff-respondent had filed the suit alleging that her husband Amrik Singh was the owner of the property in dispute and the appellants who are the brother's son of her husband were cultivating the same to help her husband. Amrik Singh died on 26.12.1998 and after his death when she approached the defendants/appellants to get the mutation entered in her name as sole heir of the deceased Amrik Singh, she was intimated by the appellants that mutation has been sanctioned in her favour and thus she allowed the defendants/appellants to continue to cultivate the land who paid share of crop to her. When the appellants avoided to make the payment of her share of crop in August 2002, she came to know that they have got the land mutated in their favour on the basis of a Will which was a forged and fabricated documents and was not binding upon the rights of the plaintiff-respondent. Since the defendants refused to admit her claim, necessity arose to file the present suit.

(3.) BOTH the courts below on appreciation of evidence found that appellants failed to prove the genuineness of the Will and the fact that the Will in dispute was executed by deceased Amrik Singh. While non- suiting the appellants, the courts below recorded a finding of fact that the original Will dated 01.06.1994 was neither produced nor proved by leading primary evidence.