SIDHI RAM Vs. RAM ASRA ALIAS RAM ASRU

JUDGEMENT

(1.) SIDKI Ram son of Bhagat Singh alias Bhagtoo, resident of village Chanouli, Police Station, Nurpur Bedi, Tehsil Anandpur Sahib, District Ropar, filed a suit for declaration against his brother Ram Asra alias Ram Asru to the effect that he is joint owner/co-sharer in possession to the extent of 1/2 share of total land measuring 22 kanals 17 marlas as detailed in the heading of the plaint, i.e. (i) land measuring 15 kanals 2 marlas situated in village Gajjpur, (ii) land measuring 5 kanals 10 marlas situated in the area of village Shekhpur, and (iii) land measuring 2 kanals 5 marlas situated in the area of village Chanouli, and that the alleged will dated 9.4.1991 purported to have been executed by Bhagat Singh, their father and predecessor-in-interest of the parties, in respect of part of the suit property measuring 2 kanals 5 marlas, situated in the revenue estate of village Chanouli described in (iii) in the heading of the plaint, in favour of the defendant Ram Asra alias Ram Asru is illegal, forged and fabricated, unnatural, highly improbable and is surrounded by highly suspicious circumstances and the defendant cannot claim any exclusive right, title or interest whatsoever in any part of the suit property measuring 22 kanals 17 marlas as detailed in (i), (ii) and (iii) of the heading of the plaint and with consequential relief of permanent injunction restraining the defendant from forcibly dispossessing him from any part of the suit land measuring 22 kanals 17 marlas as also restraining him from alienating or selling any part of the suit property and also from cutting and removing the trees standing in the suit property. It is alleged in the plaint that he is the joint owner/co-sharer in possession to the extent of 1/2 share of the entire suit land measuring 22 kanals 17 marlas situated in villages Gajjpur, Shekhpur and Chanouli. Remaining half share belongs to the defendant. Previously, the land in suit was exclusively owned and possessed by their father Bhagat Singh alias Bhagtoo. On the death of their father in the month of December, 1993, the entire property left behind by him including the suit land was inherited by him and the defendant in equal shares by way of natural succession being the only legal and natural heirs of Bhagat Singh who died intestate without making any testamentary disposition of his property. Bhagat Singh during his life time was looked after and nourished by the plaintiff and the defendant. Funeral rites of their father were performed by both of them. Bhagat Singh was equally disposed towards him and, thus, there was no occasion for Bhagat Singh to deprive him of his bounties including his interest in the suit property. Defendant in conspiracy with scribe Kewal Krishan and Sohan Singh and Hardev Singh, marginal witnesses, forged and fabricated a will dated 9.4.1991 with respect to the suit land measuring 2 kanals 5 marlas bearing khasra No. 32R/20/1(1-12), 89(0-13), situated in village Chanouli. The said will was never executed by Bhagat Singh. The said will is the result of forgery and fabrication and it is quite unnatural, highly improbable and is surrounded by highly suspicious circumstances. Defendant in conspiracy with the revenue officials and at the back of the plaintiff got entered and sanctioned mutation No. 1306 in respect of the land measuring 15 kanals 2 marlas, i.e. the land as detailed in sub-heading (i) of the plaint and similarly got entered mutations with respect to rest of the suit property which are still pending before the Assistant Collector Ist Grade, Anandpur Sahib as being contested mutations.

(2.) DEFENDANT Ram Asra alias Ram Asru contested the suit urging that the entire land in suit measuring 22 kanals 17 marlas devolved upon him on the basis of the registered will dated 9.4.1991 executed by Bhagat Singh in his favour while in sound disposing mind. The plaintiff never came in possession of the property in suit nor the defendant ever allowed him to come in possession of any part of the property in suit, title or interest in the land in suit. Bhagat Singh, during his life time, was looked after and nourished by him (defendant). The plaintiff never rendered any service to Bhagat Singh. He did not attend the funeral rites of Bhagat Singh. Funeral rites of Bhagat Singh were performed solely by him. Bhagat Singh was not disposed towards the plaintiff with love and affection. The plaintiff did not call Bhagat Singh at the time of the marriage of his daughters which he performed in Himachal Pradesh. The plaintiff had strained relations with Bhagat Singh. The plaintiff never came to village Chanouli during the last 18/20 years. Bhagat Singh while in sound disposing mind, executed registered will dated 9.4.1991 in favour of the defendant in respect of the property owned by him in villages Gajjpur, Shekhpur and Chanouli. It was denied that the will relates to the property of village Chanouli only.

(3.) VIDE order dated 22.4.1996, the plaintiff's suit was decreed qua the land of villages Gajjpur and Shekhpur detailed in sub-heading (i) and (ii) of the heading of the plaint and he was held to be joint owner in possession of the property situated in villages Gajjpur and Shekhpur with the defendant in equal shares and the defendant Ram Asra alias Ram Asru was held to be the exclusive owner and in possession of the property situated in village Chanouli, fully detailed in sub-heading (iii) of the heading of the plaint. It was found by the learned trial Court that the will dated 9.4.1991 was executed by Bhagat Singh in sound disposing mind and the same relates only to the property situated in village Chanouli and it is totally silent with regard to the properties situated in villages Gajpur and Shekhpur.