MALKIAT KAUR Vs. HARDEV SINGH

JUDGEMENT

(1.) Facts giving rise to the present regular second appeal are as under:

(2.) Arjan Singh son of Saun Singh (deceased), resident of Dhuri was owner of the land in dispute, duly described in the heading of the plaint. He died on 15.12.1967. Surjit Kaur, respondent No.3 (defendant No. 1) is widow of Arjan Singh. Hardev Singh and Sukhdev Singh, respondent Nos. 1 and 2 (defendant Nos.3 and 2 respectively) are the sons of Arjan Singh. Respondent No.4-Hardev Kaur is daughter of Arjan Singh. Appellant-plaintiff-Malkiat Kaur is daughter of Arjan Singh from his first wife. Respondent -defendant Nos. 1 to 3 got the property, left by the deceased Arjan Singh, mutated in their names on the basis of forged Will in collusion with revenue officials on 8.5.1969 just to grab the rights of present appellant-plaintiff in the property of her father-Arjan Singh. However, it has been contended that Arjan Singh did not execute any Will in favour of defendants.

(3.) On refusal of defendants to admit the claim of the plaintiff, the present suit has been filed for joint possession to the extent of 1/ 5th share in the property in dispute left by deceased Arjan Singh.