JAGTAR SINGH Vs. MANGAT SAINI

JUDGEMENT

(1.) Defendant-Jagtar Singh, who was successful in the trial Court, but has been unsuccessful in the lower appellate Court, has filed the instant second appeal.

(2.) Respondents/plaintiffs, who are two sons and two daughters of Piare Lal Saini since deceased, filed suit against the defendant-appellant. Piare Lal Saini was owner of the suit property i.e 14/359 share in 17 kanals 19 marlas land. He had also raised construction of a house in his share. The plaintiffs' case is that being the only legal heirs of Piare Lal Saini, plaintiffs have inherited the suit property and have become its owners. The defendant, however, got sanctioned mutation on the basis of alleged Will dated 31.12.1997. However, no such Will was executed by Piare Lal Saini. The alleged Will is illegal, null and void and is forged and fabricated document. Plaintiffs accordingly sought declaration that they are owners of the suit property and mutation sanctioned on the basis of forged and fabricated Will in favour of defendant is null and void and not binding on the plaintiffs. Plaintiffs also sought permanent injunction restraining the defendant from interfering in plaintiffs' possession over the suit property and from alienating the same and in the alternative, for joint possession.

(3.) Defendant while admitting that Piare Lal Saini was owner of the suit property and that plaintiffs are sons and daughters of the deceased Piare Lal Saini, broadly controverted the other plaint allegations. The defendant alleged that he had been rendering services to the deceased and is also closely related to him. Accordingly, Piare Lal Saini executed Will dated 31.12.1997 in favour of the defendant regarding the suit property. Piare Lal Saini died on 24.03.1998. After his death, the Will was got registered on 18.09.2000. In view of the Will, the defendant has become owner of the suit property and was already in its possession since during the life time of Piare Lal Saini. Mutation on the basis of Will has been rightly sanctioned. The Will is genuine, legal and valid and the mutation sanctioned on its basis is also legal and valid. Various other pleas were also raised.