GURDIAL KAUR Vs. BALDEV SINGH AND OTHERS

JUDGEMENT

(1.) The regular second appeal is against the judgment and decree dated 10.03.2010 passed by Additional District Judge, Moga whereby the suit filed by plaintiff/appellant has been dismissed by holding that the will dated 21.05.1962 is genuine and does not suffer from any suspicious circumstances Gurdial Kaur-plaintiff/appellant filed a suit for declaration on 15.10.2001 that she was owner of land measuring 24 kanals 16 marlas being 1/4 th share of the land measruing 99 knalas 6 marlas, being legal heirs of deceased Bachan Singh as fully detailed in the head note of the plaint and mutation No. 6997 regarding the inheritance of Bachan Singh in favour of defendant Nos. 1 and 2 is illegal, null and void.

(2.) The suit was contested by the defendants on the ground of being time barred as mutation was sanctioned on 01.08.1979. This mutation was sanctioned in their favour by virtue of registered sale deed dated 21.05.1962 executed in their favour by Bachan Singh, who died on 01.05.1977. The plaintiff has been fully aware of this fact and never made any objection before the revenue authorities at the time of sanction of mutation on 01.08.1979. The trial Court decreed the suit of the plaintiffs on two grounds.

(3.) In view of the above three grounds, the trial Court decreed the suit of the plaintiff. However, the learned lower Appellate Court reversed the findings given by the trial Court and held that the will was duly executed and registered and the endorsement of the Sub Registrar was ExD1/A. The will was signed by marginal witness Partap Singh and Munshi Singh Namberdar and was scribed by Lal Chand Kochhar. It was registered under the signatures of Sub Registrar Partap singh Gill. Both the marginal witnesses scribe as well as Honorary Sub Registrar had expired. Amar Singh Gill, Advocate who appeared as D.W.1 had identified the writing and signatures of Lal Chand Kochhar the scribe as well as the signatures of Partap Singh Gill Honorary Sub Registrar who was his relative. Similarly Gurdeep Kaur (D.W.3) identified the signatures of Partap Singh one of the marginal witness of the will.