GURMAIL SINGH Vs. GURDEV SINGH

JUDGEMENT

(1.) This is second appeal by plaintiffs, who have been unsuccessful in both the Courts below.

(2.) Dasounda Singh had three sons and a daughter i.e. Gurmail Singh- plaintiff No. 1 Harnek Singh (predecessor of plaintiff Nos. 2 to 4), Gurdev Singh- defendant No. 1 and Karnail Kaur defendant No. 2. Dasounda Singh was owner in possession of the suit land. The plaintiffs filed suit alleging the Dasounda Singh executed registered Will dated 15.11.1968 in favour of plaintiff No. 1 and Harnek Singh and in view thereof, plaintiffs only have become owners in possession of the suit land and mutation No. 781 dated 24.08.1999 sanctioned in favour of both the parties, is illegal, null and void. Sale deed dated 07.04.2000 executed by defendant No. 2 in favour of defendant No. 1 is also, therefore, illegal null and void because defendant No. 2 inherited no share in the suit land. The plaintiffs also sought permanent injunction besides declaration that they are owners in possession of the suit land to the exclusion of the defendants.

(3.) Defendants controverted the plaintiffs averments and pleaded that Dasounda Singh never executed Will dated 15.11.1968. Mutation has been rightly sanctioned in favour of both the parties and accordingly plaintiff No. 1 and both defendants became owners if possession of 1/4th share each and plaintiff Nos. 2 to 4 also became owners in possession of 1/4th share. Consequently, sale of her share by defendant No. 2 in favour of defendant No. 1 is also valid. Defendant No. 1 is also bona fide purchaser of the said land for consideration. Various other pleas were also raised.