MOHINDER KAUR Vs. SMT. KULDEEP KAUR AND ANR.

JUDGEMENT

(1.) This is Plaintiff's second appeal challenging the judgment and decrees of the Courts below whereby her suit for declaration that she was entitled to inherit the estate of Mai Singh (since deceased) to the extent of 1/3rd share and a decree for joint possession, was dismissed.

(2.) As per the averments, Mal Singh (father of the Appellant and Respondents) was owner in possession of the suit property and upon his death on 21.10.2000, Appellant and Defendant/Respondents No. 1 and 2 being his legal heirs were entitled to the entire property of Mal Singh to the extent of 1/3rd share each. However, the Defendant-Respondents claimed ownership of the entire property of Mal Singh on the basis of Will dated 19.3.1999 executed by him in their favour. The Plaintiff-Appellant has challenged the aforesaid Will alleging that the same was not by the free consent of the testator and the same might had been procured by misrepresentation and under undue influence and therefore, the present suit was filed for a decree for declaration to the effect that the Plaintiff was entitled to inherit the estate of deceased Mal Singh to the extent of 1/3rd share and for passing a decree for joint possession of the house and other properties mentioned in the plaint.

(3.) The Respondents filed written statement and admitted that Mal Singh was father of the Plaintiff and Defendants and was owner of the suit properties. It was further pleaded that one Mohar Singh, nephew of Mal Singh, by fraud and undue influence had obtained a Civil Court decree against Mal Singh with respect to the agricultural land. Mal Singh challenged the said Ciyil Court decree during his life time on the ground of fraud, misrepresentation and undue influence. Mal Singh was annoyed with the Plaintiff on account of the fact that she was siding with Mohar Singh against whom Mal Singh had filed a civil suit challenging the aforesaid decree with respect to the agricultural land. It was further pleaded that in view of the execution of the Will in their favour, the Plaintiff-Appellant was left with no right or interest in the suit property belonging to Mal Singh. Thus, dismissal of the suit was prayed for.