KARNAIL SINGH Vs. LASHMIR KAUR AND ORS.

JUDGEMENT

(1.) This is the second appeal filed by the unsuccessful plaintiff, challenging the concurrent judgments and decrees, passed by the courts below, whereby; his suit for declaration to the effect that the plaintiff and defendants No.8 to 12 are the owners in possession of the suit land, with consequential relief of permanent injunction restraining the contesting defendants No.1 to 7 from selling, alienating or transferring the suit land, was dismissed.

(2.) For the convenience, the parties are being referred to herein as the plaintiff and the defendants; as they were described in the original suit.

(3.) The brief facts, leading to the present appeal, are that the plaintiff had filed above said suit asserting therein that Dewa Singh, the father of the plaintiff and predecessor-in-interest of the parties to the suit, was the owner in possession of the suit property. Out of natural love and affection qua the plaintiff and defendants No.8 to 12, the deceased Dewa Singh had executed a Will dated 04.11.1976 in their favour. The said Will is lying on the record of probate proceedings undertaken in the High Court of Fiji. The probate was duly granted by upholding the above said Will vide judgment and order dated 11.02.1981; rendered by the High Court of Fiji. After the death of Dhanti, the wife of Dewa Singh, on 12.03.1989; the entire estate of Dewa Singh has devolved upon the plaintiff and defendants No.8 to 12 equally. The defendants No.1 to 7 have managed the entry of mutation of inheritance of Estate of Dewa Singh without notice to the plaintiff or other beneficiaries of the Will. Hence, the mutation to that effect, being against the Will executed by Dewa Singh, is non est. Earlier, the wife of one of sons of Dewa Singh, namely Malkiat Singh; had filed a suit for declaration and injunction qua the suit land, however, the same was dismissed as withdrawn. Accordingly, it was asserted that the plaintiff and the defendants No.8 to 12 are the exclusive owners in possession of the estate left by Dewa Singh. The other defendants are trying to dispose of the said land and interfering in possession of the plaintiff. Therefore, the suit was instituted.