SURJNDER KAUR Vs. JARNAILO

JUDGEMENT

(1.) THIS is second appeal by plaintiffs Surinder Kaur etc. who have been non -suited by both the courts below.

(2.) THE dispute relates to inheritance of the suit land from Kishan Singh. Kishan Singh had four sons namely Piara Singh, Jeet Singh, Bhupiner Singh and Siri Ram defendant No.2 and a daughter Surinder Kaur -plaintiff No.l. Paramjit Kaur and Rajinder Kaur (plaintiffs No.2 and 3) are daughters of Piara Singh from Maninder Kaur -defendant No.4. After death of Piara Singh, defendant No.4 Maninder Kaur performed Kareva marriage with Siri Ram -defendant No.2. Lachman Singh -defendant No.3 is son of Siri Ram -defendant No.2 from Maninder Kaur defendant No.4. Jarnailo -defendant No.l was initially married with Bhupinder Singh. On his death, Jarnailo performed Kareva marriage with Jeet Singh. Out of this wedlock, Satnam Singh was born. Satnam Singh has also since died after death of Kishan Singh.

(3.) ONLY defendant No. 1 contested the suit where as defendants No.2 to 4 were proceeded against ex parte. Defendant No. 1 alleged that Kishan Singh executed Will dated 06.09.1994 in favour of defendants No.2 and 3 and Satnam Singh and accordingly they inherited the suit land from Kishan Singh and on the death of Satnam Singh, his share has been inherited by defendant No. 1 Jarnailo. It was pleaded that there is no Will dated 06.06.1994 executed by Kishan Singh. Various other please were also raised.