GIAN CHAND Vs. ASHWANI KUMAR

JUDGEMENT

(1.) This is the second appeal filed by the defendant in the original suit, challenging the concurrent judgments and decrees passed by the Courts below, whereby, the suit filed by the plaintiffs for declaring the plaintiffs as joint owners in possession of the suit property, to the extent mentioned in the head note of the plaint, as well as for declaring the Will dated 4.11.2019 as illegal, null and void; being a forged and fabricated document, has been decreed.

(2.) For the convenience, the parties hereinafter are referred to as the plaintiffs and the defendant, as they were described in the original suit.

(3.) The facts in brief, as mentioned in the judgment of the lower Appellate Court are that, the plaintiffs Ashwani Kumar and Mamta are the son and daughter of Kaushalya Rani. They had filed a civil suit stating therein that their mother was owner in possession of 1/36th share of the land measuring 377 kanals 11 marlas, 3 kanals 11 marlas and 9 marlas. Their mother expired on17.12.2009. Therefore, as per the natural succession, the plaintiffs became the owners in possession of the suit property. However, the mutation qua inheritance of their mother Kaushalya Rani was not entered in their names in the Revenue records. Still further, it was asserted that during the hearing of a partition case, which was pending before the Assistant Collector 1st Grade, Talwandi Sabo, the plaintiffs came to know that after death of Kaushalya Rani, a mutation No. 6460 has been sanctioned in the name of defendant-Gian Chand; on the basis of a Will dated 4.11.2009, stated to have been executed by the mother of the plaintiffs-Kausharya Rani. It was further asserted by the plaintiffs that their mother never executed any Will. She was an illiterate lady. She never signed any document and always used to put her thumb impression. However, the defendant forged the Will, which is shown to have been signed by Kaushalya Rani. This Will has been created to defeat the rights of the plaintiffs in the suit property. Hence, the declaration, as mentioned above, was sought.