GURDIP SINGH Vs. ARJAN SINGH

JUDGEMENT

(1.) THIS second appeal is at the instance of the plaintiffs.

(2.) GURDIP Singh and Sukhchain Singh filed a suit for declaration that they were the owners in possession of the land measuring 79 Kanals 11 Marias situated in village Agwar Ralhan, Tehsil Jagraon, District Ludhiana, as per the Jamabandi for the year 1977-78 on the basis of a registered Will dated 17. 8. 1972 executed by Sunder Singh in their favour. In the alternative it was prayed that a decree in their favour be passed restraining the defendants from dispossessing them from the suit land except in due course of law. It was pleaded that defendant No. 1 had earlier filed a suit against the plaintiffs on 18. 10. 1979 claiming half share in the land in dispute on the basis of a registered Will dated 9. 1. 1959 allegedly executed by Sunder Singh in favour of defendants No. 1 and 2, his sons. The plaintiffs had contested that suit by pleading the Will of Sunder Singh dated 17. 8. 1972 in their favour. That suit was decided by the Subordinate Judge, Jagraon and the two Wills alleged to have been executed py Sunder Singh dated 9. 1. 1959 and 17. 8. 1972 were disbelieved. The suit was dismissed with the observation that the estate of Sunder Singh will devolve, upon his natural heirs in accordance with the provisions of Hindu Succession Act. The appeal filed by the plaintiffs who were defendants in the earlier suit against the judgment and decree of the Subordinate Judge was dismissed being not maintainable. It was further pleaded that after the decision of the appeal in the previous suit a mutation was sanctioned in favour of the natural heirs on 22. 6. 1982, and thus Arjun Singh was trying to take forcible possession of 1/4th share in view of the mutation. Hence a suit for declaration as the mutation had cast a cloud on their rights.

(3.) THE suit was contested by defendants No. 1 and 4 to 7 by filing a joint written statement. It was pleaded that the suit was barred by principle of res judicata and that the plaintiffs were estopped by their act and conduct in filing the present suit. The execution of the Will by Sunder Singh in favour of the plaintiffs was denied.