HARBANS SINGH Vs. GERMAN SINGH

JUDGEMENT

(1.) This appeal has been filed by defendant Nos.4 to 6 against the judgment and decree of both the Courts below by which suit filed by the plaintiffs for possession has been decreed.

(2.) Before giving facts of the case, it would be relevant to know as to who are the parties to the suit and for that purpose, a pedigree table is reproduced as under: -

(3.) Plaintiff Nos.1 to 4 are the sons of plaintiff No.5, who is daughter of Surain Singh, whose property is in dispute. They filed a suit for possession of land measuring 117 kanals 9 marlas i.e. 1/4th share of land measuring 469 kanals 17 marlas or in the alternative, for possession of 93 kanals 19-2/3 marlas i.e. 1/5th share of land measuring 469 kanals 17 marlas. It was alleged that Surain Singh executed a Will dated 12.03.1978 in his sound disposing mind bequeathing his property in favour of plaintiff Nos.1 to 4 (1/4th share); Dasondha Singh/ defendant No.1 (1/4th share); Gurmej Singh/ defendant No.2 (1/4th share) and Ajaib Singh/ defendant No.3 (1/4th share). After the death of Surain Singh on 25.08.1978, defendant No.1 to 6 (which includes three sons of Surain Singh and three sons of Ajaib Singh/ defendant No.3) took forcible possession of the land in dispute on the ground that Surain Singh had executed a Will dated 09.09.1969 in their favour and had also suffered a decree in favour of defendant Nos.4 to 6 on 25.08.1972 in Civil Suit No.41 of 1972. The plaintiffs alleged that the said decree has been obtained by misrepresentation and fraud as Surain Singh had never appeared in the Court and even otherwise, Surain Singh never partitioned his land and was not competent to part with the property in favour of defendant Nos.4 to 6 by way of said decree and as such it was invalid and ineffective.