JASWINDER KAUR Vs. MALKIAT SINGH

JUDGEMENT

(1.) TEJINDER SINGH DHINDSA.J The defendants-appellants are in second appeal before this Court.

(2.) THE plaintiffs-respondents filed a suit for declaration being owners in possession of 1/2 share in equal share on the basis of an unregistered Will dated 1.1.2002 and for setting aside mutation no.1084. In the alternative the plaintiffs prayed for the suit for possession or for joint possession and a consequential relief for permanent injunction restraining the defendants no.1 to 5 from alienating or mortgaging the suit property, had also been prayed for. It is pleaded that Amar Singh was owner of 1/2 share in respect of the suit land as fully described in the head note of the plaint. He had two sons namely Malkiat Singh and Karnail Singh i.e the plaintiffs and two daughters namely Jaswinder Kaur, defendant no.1 and Gurmaij Kaur i.e mother of defendants no.2 to 5. He also left behind a widow namely Swaran Kaur, defendant no.6. It was pleaded that Amar Singh had executed an unregistered Will dated 1.1.2002 in favour of his two sons i.e. plaintiffs with whom he had been residing at the time of his death which occurred on 4.7.2002. Accordingly, an application was moved for purposes of mutation of the suit land along with a copy of the Will, whereupon it was discovered that mutation no.1084 had been sanctioned on the basis of natural succession. Against such backdrop the suit had been instituted. Even though, defendants no.1 to 5 put in appearance through counsel but no written statement was filed before the Trial Court and their defence was struck off. Upon their having preferred a revision in this Court, which was allowed and opportunity had been granted to file a written statement, yet, none was filed. In the absence of any written statement no issues were framed by the Trial Court.

(3.) I have heard Mr. Gulzar Mohammad, learned counsel appearing for the appellants at length.