HARDEVINDER SINGH Vs. PARAMJIT SINGH

JUDGEMENT

(1.) Concisely, the relevant facts, which need a necessary mention for the limited purpose of deciding the core controversy, of maintainability of the instant appeal and emanating from the record are, that Sarabjit Singh son of Shiv Singh-respondent No.5-plainliff (hereinafter to be referred as the ''plaintiff'') filed the suit for a decree of possession, in respect of the disputed land, to the extent of his share, treating the Will, if any, in favour of defendant Nos.1 to 4, illegal, null & void, with a consequential relief of permanent injunction, restraining his mother Smt. Parkash Kaur wife of Shiv Singh (defendant No.1), nephews-Paramjit Singh, Mandeep Singh and Sukhjinder Singh sons of Harbarjinder Singh-respondent Nos.1 to 3-defendant Nos.2 to 4 and brothers Hardevinder Singh son of Shiv Singh-appellant-defendant No.5 and Harbarjinder Singh son of Shiv Singh respondent No.4-defendant No.6 (for brevity the ''defendants''), from alienating the suit land, in any manner.

(2.) The case set-up by the plaintiff, in brief, insofar as relevant was, that the suit land in the hands of his father Shiv Singh, was ancestral coparcenary and joint Hindu family property. He along with his brothers-defendant Nos.5 and 6 constituted a joint Hindu family with their father and mother. So, they were all in possession of the land being co-owners. However, defendant Nos.1 to 4 have forcibly and illegally taken the possession of the suit land, on the basis of some forged Will. The Will was stated to be illegal, null and void. On the basis of aforesaid allegations, the plaintiff filed the suit for a decree of possession and permanent injunction against the defendants, in the manner depicted hereinabove.

(3.) The contesting defendant Nos.1 to 4 refuted the claim of the plaintiff and filed the written statement, inter alia, pleading certain preliminary objections of, maintainability of the suit, cause of action and locus standi of the plaintiff. The suit land was claimed to be self-acquired property of Shiv Singh, who voluntarily was stated to have executed the registered Will dated 06.07.1989 in their favour: Therefore, after his death, they became the owner and in possession of the suit land, in pursuance of the indicated registered Will.