GAMDOOR SINGH Vs. PRITPAL SINGH & OTHERS

JUDGEMENT

(1.) The plaintiff-appellant is in second appeal before this Court having remained unsuccessful in both the courts below. Briefly noticed, the plaintiff-appellant filed a suit for declaration and permanent injunction by pleading that Bhagwan Kaur widow of Hardial Singh is the mother of the plaintiff-appellant as also defendants no. 3 to 7 and she was the owner in joint possession of suit land. Bhagwan Kaur was stated to have died on 1.11.1999 and had executed a Will dated 1.2.997 bequeathing the entire suit property in favour of plaintiff-appellant and defendant no. 3 in equal shares and Will dated 18.2.1997 was duly registered on 20.2.1997 with the Sub Registrar, Jaitu, Distt. Faridkot. As such, upon the death of Bhagwan Kaur the plaintiff-appellant and defendant no. 3 inherited her estate in equal shares and they are in joint possession of the suit land. However, defendants no. 1 and 2 in connivance with defendant no. 5 and defendant no. 3 have set up a Will dated 29.10.1999 allegedly executed by Bhagwan Kaur deceased in their favour. On the basis of Will dated 29.10.1999 the plaintiff-appellant became aware that the Assistant Collector 1st Grade, Talwandi Sabo had sanctioned mutations no. 7756 and 5046 in favour of Defendants no. 1 and 2. It was stated that such Will dated 29.10.1999 is a forged and fabricated document. Various suspicious circumstances were also pleaded in the nature of Bhagwan Kaur having died just two days after the execution of such alleged Will dated 29.10.1999, no reason having been assigned for the exclusion of her daughters and the witnesses of the said Will being not the residents of village Bagha i.e., where the testator had lived. Accordingly, it was pleaded that defendants no. 1 and 2 cannot claim any right on the basis of the Will dated 29.10.1999 and as such the suit had been filed.

(2.) Defendants no. 4 to 7 were proceeded ex-parte and Defendants no. 1 to 3 contested the suit. A joint written statement was filed by Defendants no. 1 and 2 stating that the Will dated 18.2.1997 was in fact a forged and fabricated document and that Bhagwan Kaur had never executed such Will. It was stated that the Will dated 29.10.1999 was executed by Bhagwan Kaur in a sound disposing mind and on account of the service rendered by defendants no. 1 and 2. It was also stated that the plaintiff-appellant had been living separately from Bhagwan Kaur for the last 20 years prior to her death and all the daughters of Bhagwan Kaur had been duly married for the last 14 years approximately. It was also pleaded that the original Will dated 18.2.1997 relied upon by the plaintiff-appellant had not been produced. A similar plea was taken by defendant no. 3, who had chosen to file a separate written statement.

(3.) On the pleadings of the parties, following issues were framed by the Trial Court:-