GARJA SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) The unsuccessful plaintiffs have come up in second appeal against the judgment and decree of the first appellate Court which, on appeal, affirmed those of the trial Judge and dismissed their suit for possession of the suit land and also for perpetual injunction. The facts :-

(2.) Defendant No. 1 denied the allegations made in the plaint and claimed that she was the legally wedded wife of the deceased who had contracted Karewa form of marriage with her. Karewa Nama was executed and registered 28/10/1965. She denied that she was married to Nazar Singh. The Will pleaded by the plaintiffs was forged and fictitious. She denied that the deceased had executed any Will in favour of Nachhattar Singh.

(3.) Defendant No. 2 Nachhattar Singh also contested the suit and pleaded that a valid Will dated 1/09/1969 was executed by the deceased in his favour. It was also denied that the deceased had executed any valid Will in favour of the plaintiffs. The relationship of the deceased with the plaintiffs was also denied.