GURVEEN KAUR Vs. BALWANT KAUR AND ANR

JUDGEMENT

(1.) Plaintiff Gurveen Kaur has filed instant revision petition under Article 227 of the Constitution of India assailing order dated 16.4.2009, Annexure P/5, passed by learned Civil Judge (Junior Division), Ludhiana thereby allowing application Annexure P/3 moved by defendant-respondent No. 1 Balwant Kaur for amendment of written statement.

(2.) This is unfortunate litigation between mother and daughters. Petitioner and respondent No. 2 are daughters of respondent No. 1. The dispute relates to properties held by late Lt. Col. Shaminder Singh Grewal (father of petitioner and respondent No. 2 and husband of respondent No. 1). The petitioner-plaintiff being one of the three natural heirs of her deceased father wants 1/3rd share in the suit properties. However, case set up by defendant No. 1 in her written statement Annexure P/2 is that her deceased husband had executed registered Will dated 8.9.2003 in her favour and consequently she is owner in possession of the suit properties left by her husband.

(3.) Defendant No. 1 moved amendment application Annexure P/3 alleging that while searching old papers she has tumbled upon another original Will dated 3.11.1975 executed by her husband in her favour. The said Will was deposited by the testator with Army Headquarters as per Military Rules while the testator was in service. The Will was returned to the testator after his retirement vide letter dated 8.12.1992 by Senior Civilian Staff Officer. Accordingly defendant No. 1 sought to plead the said Will as well and to plead that in view of both the Wills she is owner in possession of the suit properties. The said amendment application has been allowed by the trial court.