MANJIT SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) This is defendants' regular second appeal challenging the judgment and decrees of the Courts below whereby the suit of the plaintiff- respondent for declaration and consequential relief of possession of the suit land, has been decreed holding that the Will dated 22.6.1989 was not executed by Ranjit Kaur in a free disposing state of mind and therefore was void, illegal and inoperative.

(2.) As per the averments, the plaintiff-respondent filed a suit for declaration to the effect that he is entitled to get 70/1239 share out of land measuring 61 kanals 19 marlas, being 1/4th share of deceased Ranjit Kaur, situated in village Bagol Khurd, Tehsil Dasuya, District Hoshiarpur, fully detailed in the headnote of the plaint and, further for possession of the suit land and that the Will dated 22.6.1989 was void, illegal and in operative. It was averred in the suit that the plaintiff-respondent and defendants No.1 to 3 are sons and defendant No.4 is the daughter of late Santokh Singh. Ranjit Kaur (deceased) was the mother of the parties. As per the case of the plaintiff- respondent, Ranjit Kaur was owner and in joint possession of the land in dispute, who died on 30.12.1994 and on her RSA No.2908 of 2009 (O&M) 2 death, plaintiff and defendants became joint owners in possession of land owned by her, being her legal heirs and the mutation of the suit land which was sanctioned in the names of defendants No.1 to 3 (appellants) on the basis of forged and fabricated Will dated 22.6.1989 was wrong and inoperative in the eyes of law and thus, the defendant-appellants have no right or title over the suit property more than their share. The appellants in their written statements raised various preliminary objections. On merits, the relationship between the parties was admitted. It was also admitted that the deceased Ranjit Kaur was owner and was in joint possession of the suit land. The factum of death of Ranjit Kaur was also admitted. It was further stated that defendants No.1 to 3 (appellants) were the only legal heirs of deceased Smt. Ranjit Kaur on the basis of valid registered Will dated 22.6.1989 executed by her in favour of the defendants and mutation was rightly and legally sanctioned in favour of the defendants on the basis of Will. Defendant No.4 Harjinder Kaur was impleaded vide order dated 20.8.1999. She was duly served. However, she failed to appear and was proceeded against ex parte. From the pleadings of the parties, the following issues were framed:

(3.) On appreciation of evidence, the trial Court returned the findings on issues No.1, 2 and 4 in favour of the plaintiff- respondent and against the appellants. Issue No.3 was disposed of being not pressed. Consequently, the suit was decreed and plaintiff-respondent was held entitled to get 70/1239 share out of the suit land, situated in village Bagol Khurd, Tehsil Dasuya, District Hoshiarpur and for possession of the suit land and further the Will dated 22.6.1989 was declared void, illegal and inoperative.