RAJ KUMARI AMRIT KAUR Vs. MAHARANI DEEPINDER KAUR

JUDGEMENT

(1.) THIS order will dispose of Civil Revision No.4212 and 4306 of 1997 as both have arisen out of order dated August 30, 1997 passed by Senior Sub -Judge. Chandigarh whereby plaintiff have been directed to first correctly assess the market value of the suit property and then make up deficiency in court fee. Questions of law and facts involved in both these civil revisions are common. Facts have been taken from Civil Revision No.4212 of 1997.

(2.) RAJA Harinder Singh Brar Bans Bahadur was the ruler or erstwhile Faridkot State. He had three daughters and one son. Raja Harinder Singh died on 16.10.1989 whereas his only son, namely, Tikka Hannohinder Singh died on 13.10.1981 i.e. during his lifetime. Raja Harinder Singh allegedly executed Will dated 1.6.1982 whereby he is purported to have created a Trust Known as Maharwal Khewaji Trust to be managed by the Trustees named in the said Will. Plaintiff who is daughter of Raja Harinder Singh filed the present suit challenging the Will in question on the ground that the same is a result of misrepresentation, undue influence and is fictitious, not made voluntarily and one Baljinder Pal Singh Brar, Advocate who is one of the attesting witnesses to the Will, exercised undue influence upon Raja who also left to Maharani Mohinder Kaur, his mother who was alive at the time of execution of the Will. It is further alleged that the Will the shrouded by suspicious circumstances and is most unnatural. Raja who was Jat Sikh by caste was governed by Hindu succession Act, 1956 after the merger of the State of the Union of India.

(3.) IN the suit filed by Rajkumari Amrit Kaur. She has claimed the following reliefs: -