SURJIT KAUR NOOR Vs. JASBIR SINGH & OTHERS

JUDGEMENT

(1.) Defendant No. 1-Surjit Kaur Noor has filed this second appeal. Suit was filed by Surjit Singh and his four sons (respondents No. 3 to 7 herein) against appellant as defendant No. 1, Jasbir Singh -respondent No. 1 as defendant No. 2, Pritpal Singh respondent No. 8 as defendant No. 3, Tejpal Singh defendant No. 4 (since deceased and represented by respondents No. 9 to 11) and respondent No. 2 Mrs. Kamal Raj Manak as defendant No. 5.

(2.) Plaintiffs set up their claim on the basis of Will dated 07.11.1991 allegedly executed in their favour by Gurbax Singh. On the other hand, defendant No. 1-appellant set up her claim on the basis of Will dated 04.07.1990 allegedly executed in her favour by Gurbax Singh. Defendants No. 2 to 5 set up their claim as natural heirs of Gurbax Singh.

(3.) Learned Civil Judge (Senior Division), Jalandhar vide judgment and decree dated 08.06.2007 dismissed the plaintiffs' suit discarding the alleged Will dated 07.11.1991 set up by them, but at the same time, upheld Will dated 04.07.1990 set up by defendant No. 1, although no counter claim was made by defendant No. 1 in the suit. Against judgment and decree of the trial Court, there were two first appeals - one filed by the plaintiffs and the other filed by defendants No. 2 and 5. Learned Additional District Judge, Jalandhar vide common judgment dated 09.12.2011 dismissed the appeal preferred by plaintiffs and partly allowed the appeal preferred by defendants No. 2 and 5 to the extent that registered Will in favour of defendant No. 1 Surjit Kaur (upheld by the trial Court) was set aside as the suit property is trust property. Aggrieved by this finding of the lower appellate Court, defendant No. 1 has filed the instant second appeal.