JASWANT SINGH Vs. AJIT SINGH

JUDGEMENT

(1.) THIS order disposed C. M. No. 2823-C of 1991 in RSA No. 968 of 1978. In the application prayed is made for setting aside the abatement resulted on account of death of respondent No. 4 Smt. Surjit Kaur. The facts :- Kartar Singh was the last male holder of the disputed land. He died on October 4, 1973-leaving behind his widow Prem Kaur, four daughters. namely, Swarn Kaur, Cbaranjit Kaur, Kulwant Kaur, Surjit Kaur and 5 sons namely Balwant Singh, Ajit Singh, Sohan Singh, Jaswant Singh and Jagdish Singh, Swarn Kaur, Charanjit Kaur, Surjit Kaur daughters and Jagdish Singh Balwant Singh and Ajit Singh sons filed a suit for joint possession of the estate of their deceased father Kartar Singh against their brothers Sohan Singh, Jaswant Singh and sister Kulwant Kaur. The suit was contested by brother Sohan Singh and Jaswant Singh on the basis of Will allegedly executed on June 19, 1963 by their late father in their favour. The trial Judge dismissed the suit. But on appeal, the first appellate Court, reversed the judgment and decree of the trial Court and decreed the suit of the plaintiffs. The first appellate Court found that the Will was not the result of free Will of the testator and that it was unnatural since under the Will all the natural heirs, except two sons beneficiaries under the Will were excluded. Jaswant Singh and Soban Singh, the alleged sole heirs under the Will challenged the judgment and decree of the first appellate Court in Regular Second Appeal No. 968 of 1978 in this Court. The same was dismissed by Judgment dated May 8, 1980. The alleged beneficiaries assailed the judgment of this Court of Civil Appeal No. 1598 of 1981 in (he Apex Court. When the appeal came up for hearing, on the representation of the appellants, the same was dismissed as withdrawn with the following observations :-

(2.) THE appeal filed by the applicant/appellants was dismissed by this Court and they cannot draw any benefit even if the appeal stood abated as against the deceased Surjit Kaur.

(3.) SURJIT Kaur was their sister. It is unbelievable that the brothers were not aware of the death of their sister. No explanation ia forthcoming why steps were not taken by them to bring on record the legal representatives of the deceased within time, during the pendency of the Second Appeal.