LAL SINGH Vs. NAND KAUR

JUDGEMENT

(1.) THE unsuccessful defendant has come up in regular second appeal against the judgment and decree of the first appellate Court partly allowing the appeal filed by plaintiff-respondents No. 1 to 3 and decreeing their suit for possession of 3/4th share of the suit land other than the land comprised in Khasra Nos. 62/5/2 (2-8), 7/2 (3-8),8 (8-0), 13 (8-0), 14/1 (4-2), 14/2 (3-8), 15 (7-12), 17 (8-0), 18/1 (3-8), 18/2 (4-0) and 19/1 (7-7 ).

(2.) THE facts:nand Kaur, Chand Kaur, Daan Kaur and Smt. Harnam Kaur are daughters of Smt. Mahan Kaur; that Nand Kaur, Chand Kaur and Daan Kaur, plaintiff-respondents No. 1 to 3 (hereinafter the plaintiffs) filed a suit for possession of the suit land on the ground that the same was owned by Smt. Mahan Kaur, widow of Zora Singh, who died on September 18, 1969, leaving behind four daughters; that Smt. Harnam Kaur was arrayed as defendant No. 6 to the suit as, according to the plaintiffs, she was given her share in the property situated in village Jai Singh Wala by the deceased during her life time and she had, thus, no right to claim succession to the property left by Smt. Mahan Kaur.

(3.) THE suit was resisted by Lal Singh, defendant No. 1/appellant (hereinafter the contesting defendant) claiming inheritance of the deceased on the basis of a registered will dated September 13, 1969. Alternatively, he also urged that the suit land was the subject-matter of possessory mortgage with him, Ujjagar Singh, defendant No. 2 and Magher Singh (not impleaded as a party to the suit) for more than sixty years; that the mortgagees have become absolute owners of the land under mortgage with them.