MST. GUDDI Vs. NARAJAN SINGH AND ORS.

JUDGEMENT

(1.) This appeal has been filed by the Plaintiff Appellant against the judgment and decree dated 21st July, 1982 passed by the Additional District Judge, Faridkot by which the appeal of the Appellant was dismissed and judgment and decree dated 27th November, 1979 passed by the Senior Sub Judge, Faridkot was upheld.

(2.) Plaintiff had filed the suit for declaration to the effect that she (in one half share) Defendant Nos. 6 to 9 (in one half share) are the owners of the suit land. Plaintiff alleged that Makhah Singh, deceased was her father that he died 6/7 months before the filing of the suit; that he had two daughters namely the Plaintiff and Gurdial Kaur that Gurdial Kaur had pre deceased Makhan Singh, that she was succeeded by Defendant Nos. 6 to 9, who are her sons, daughter and husband that after the death of Makhan Singh, he Plaintiff along with the heirs of Gurdial Kaur, were the heirs of the estate of Makhan Singh in one half share each. It was further alleged that Defendants Nos. 2 and 3 started asserting that a will had been executed in their favour by Makhan Singh deceased. The Plaintiff denied the execution of any such will by Makhan Singh. She averred that even if any such will is proved to have been executed the suit land being ancestral qua the Plaintiff and the deceased the succession in favour of the natural heirs could not be clothed by any will.

(3.) The suit was contested by Defendant Nos. 1 to 3. Defendant No. 1 is the father of defendant Nos. 2 and 3. He is a brother of late Makhan Singh. Defendant Nos. 6 to 9 filed a Written statement admitting the allegations made in the plaint. Other defendants did not appear. Defendant Nos. 1 to 3 did not admit the relationship of the Plaintiff with Makhan Singh. They stated that Makhan Singh had two daughters namely Gurdiai Kaur deceased whose legal representatives are Defendant Nos. 5 to 9 and another daughter, whose name was not known to them. They stated that the second daughter had no issue. They asserted that Makhan Singh executed a valid will on 1st August, 1973 in favour of Defendant Nos. 2 and 3. They further pleaded that out of the suit land, Makhan Singh sold 10 Kls. in favour of Naranjan Singh Defendant No. 1 for Rs. 8,500/ - by a registered sale deed dated 3rd January, 1974.