STATE OF HARYANA Vs. RAJ KAUR

JUDGEMENT

(1.) Raj Kaur and Phulpati are daughters of Har Narain son of Dhani of village Lajwana Kalan, Tehsil and Distt. Jind. Har Narain son of Dhani had 176th share (in the agricultural land measuring 141 bighas 12 biswas Pukhta and in the land measuring 21 bighas 5 biswas Pukhta situated in the area of village Lajwana Kalan, Tehsil and Distt. Jind) as detailed in the heading of the plaint. Har Narain died in the year, 1967 leaving behind them as his sole heirs being his daughters. Anant Ram is the son of Fateh Singh son of Kanhaiga Lal son of Dhani. He is thus the real nephew of Har Narain. Har Narain did not execute any will in favour of Anant Ram and Jai Bhagwan sons of Fateh Singh on 25.8.1966. Fateh Singh manipulated will dated 25.8.1966 alleged to have been executed by Har Narain in favour of Anant Ram and Jai Bhagwan sons of Fateh Singh. The alleged will is fictitious and not genuine. It was obtained by Fateh Singh through fraud played upon Har Narain. At the time of execution of the said will Har Narain was not in disposing mind as he was ill. He was not ever told by Fateh Singh that will was being executed by him (Har Narain). Thumb impressions of Har Narain were obtained by fraud and mis -representation. Will was not executed by Har Narain of his free will and volition. There was no reason for Har Narain deceased to execute will in favour of Anant Ram and his brother Jai Bhagwan when he had daughters. There was no reason for Har Narain to deprive his daughters of his inheritance.

(2.) Vide order dated 15.7.1980, Prescribed Authority/SDO (Civil) Jind declared the said land in the hands of Anant Ram as surplus. Before declaring the said land surplus, Prescribed Authority/SDO (Civil) Jind never informed them about the surplus proceedings. Order declaring the said land surplus was passed in the absence of the interested parties. Fateh Singh father of Anant Ram kept the fact concealed for a considerable long period and never disclosed that such a will had been executed by Har Narain deceased in favour of Anant Ram and Jai Bhagwan. After the death of Har Narain, his daughters Raj Kaur and Phulpati have been in possession of the entire land left by Har Narain being lawful owners as heirs of Har Narain and Fateh Singh father of Anant Ram and Jai Bhagwan had been admitting them to be owners of the land and had been paying them rent as he was in possession of the land on behalf of the plaintiffs. It was only six months back when he came out that they are not owners but Anant Ram and Jai Bhagwan are owners by virtue of will executed by Har Narain and mutation had been sanctioned in favour of defendant No. 2 and Jai Bhagwan.

(3.) Raj Kaur and Phulpati were never informed about the sanctioning of mutation in favour of Anant Ram. Land was declared surplus in the hands of Anant Ram though he was not owner thereof. On these allegations, Raj Kaur and Phulpati, filed suit for declaration on 17.10.1978 against (1) the State of Haryana, and (2) Anant Ram son of Fateh Singh to the effect that they are owners in possession in equal shares of 1/6 share of (agricultural land measuring 141 bighas 12 biswas and 21 bighas and 5 biswas) as detailed in the heading of the plaint belonging to Har Narain being his daughters and that will dated 25.8.1996 in favour of Anant Ram and Jai Bhagwan was fictitious and was not binding on their rights and further defendant No. 1 State of Haryana be restrained from declaring the said land surplus in the hands of Anant Ram' -defendant No. 2 or including the said land in surplus pool and order dated 15.7.1980 of prescribed Authority/SDO Civil, Jind is null and void. Land was declared surplus on the basis of wrong entries in the revenue record showing Anant, Ram and Jai Bhagwan to be the owners. In nutshell, their suit was that this land could not be taken into account while determining the surplus area with Anant Ram as this land devolved upon them on the death of their father Har Narain who died intestate without leaving any will and the will dated 25.8.1 966 in favour of Anant Ram and Jai Bhagwan sons of Fateh Singh was fictitious and not genuine.