DALJINDER SINGH Vs. HARBANS KAUR

JUDGEMENT

(1.) KHAZAN Singh son of Rur Chand son of Hira Nand was owner and in possession of land measuring 55 kanals 17 marlas situated in the revenue estate of village Kanjari, Tehsil Nabha, and he had half share in "Chah Pukhta" bearing Khasra No. 28//26 of Khewat Khatauni No. 60/83 per jamabandi 1973-74. He died in June, 1975 leaving behind his daughter Smt. Harbans Kaur as his only heir. She continued to be owner and in possession of the land and chah pukhta after the death of her father as his sole heir. At the time of the death of Khazan Singh, in some land sugar cane/narma etc. was lying sown. In some land she got cultivated maize, fodder and ground nut through Avtar Singh son of Partap Singh, whom she had give it on batai. She apprehended her forcible dispossession from the land at the hands of Daljinder Singh alias Lakhwinder Singh son of Bhagat Singh son of Basawa Singh and others-defendants on the basis of will alleged to have been executed in their favour by Khazan Singh. Khazan Singh never executed any will in their favour. If they set up any will in their favour that is false and forged, having no effect on her rights so far as the inheritance of her father is concerned. On these allegations, Harbans Kaur daughter of Khazan Singh filed suit for permanent injunction against Daljinder Singh alias Lakhwinder Singh son of Bhagat Singh s/o Basawa Singh etc. restraining them from interfering with her possession of land and chah pukhta ibid; in the alternative, she prayed for decree for possession in case court came to the finding that Daljinder Singh alias Lakhwinder Singh son of Bhagat Singh and others-defendants were in possession.

(2.) DALJINDER Singh alias Lakhwinder Singh-defendant No. 1 contested the suit of the plaintiff, urging that in fact he used to reside with Khazan Singh and was cultivating land belonging to Khazan Singh. He had sown crop standing in the land at the time of the death of Khazan Singh. After the death of Khazan Singh, he continued in possession of the land and cultivation thereof. It was denied that plaintiff was ever in possession of the land or that she got the land cultivated from Avtar Singh. It was urged that he was owner and in possession of the land in suit on account of registered will dated 13.5.1968 executed by Khazan Singh in his favour. Will dated 13.5.1968 was a genuine will, which had been executed in his favour by Khazan Singh. Khazan Singh was not a stranger to him as would be evident from the pedigree table given below:-

(3.) KARTAR Singh son of Basawa Singh son of Rur Singh and others-defendants No. 2 to 6 filed separate written statement, contesting the suit of the plaintiff-Harbans Kaur. It was urged that Khazan Singh had executed will in their favour on 17.12.1970 which was his last will and testament. Plaintiff had nothing to do with the inheritance of Khazan Singh when he had executed will in their favour dated 17.12.1970 and they are owners and in possession of the property in suit on account of will dated 17.12.1970.