SHAMINDER KAUR Vs. PARAMJIT SINGH

JUDGEMENT

(1.) COST amount has been deposited. Accordingly, the appeal stands restored to its original number.

(2.) MAIN Appeal : Plaintiffs Shaminder Kaur and her mother Surjit Kaur, having remained unsuccessful in both the courts below, are in second appeal. Plaintiffs alleged that they are daughter and widow respectively of Jarnail Singh. It is undisputed that defendant no.1 is son of Jarnail Singh and defendants no.4 to 6 are daughters of Jarnail Singh born out of his marriage with Gurnam Kaur.

(3.) DEFENDANTS controverted the plaint allegations. Relationship of plaintiffs with Jarnail Singh was denied. However, relationship of defendants with Jarnail Singh was admitted. It may be mentioned that defendants no.2 and 3 are son and wife respectively of defendant no.1 i.e. grandson and daughter-in-law of Jarnail Singh. It was pleaded by defendant no.1 that he is owner in possession of 139 kanals land out of the suit land as per decree dated 24.07.1972 suffered in his favour by Jarnail Singh. It was also pleaded that Jarnail Singh also executed registered Will dated 24.09.1969 in favour of defendant no.1. DEFENDANTS no.2 and 3 pleaded that they are owners in possession of half share each of the remaining 255 kanals 06 marlas land in terms of decree dated 20.07.1990 in favour of defendant no.3 and decree dated 29.03.1996 in favour of defendant no.2 suffered by Jarnail Singh. Various other pleas were also raised.