(1.) The defendant No.1 to 3, in a suit for grant of decree of declaration to the effect that the plaintiff is a co-sharer in the joint possession of the suit land, assail the correctness of the judgments and decrees passed by both the courts below.
(2.) After having heard the learned counsel representing the parties, at sufficient length, this Court is of the considered view that the following question arises for consideration:-
(3.) Some facts are required to be noticed. Late Sh. Mohan Singh was unmarried. He died on 1/12/1996. He had five siblings, namely, Sh.Sohan Singh and four sisters including Smt.Paramjit Kaur (the plaintiff). When Sh.Mohan Singh died, his mother Smt. Pritam Kaur inherited his property as per natural succession. Smt.Pritam Kaur, hereinafter, bequeathed the property in favour of Sh.Kulwant Singh son of Sh. Sohan Singh vide a registered Will dtd. 23/7/1997. Smt. Paramjit Kaur alias Gurmej Kaur filed a suit on 22/2/2001 alleging that late Sh. Mohan Singh had bequeathed the entire property in her favour through an unregistered Will dtd. 4/11/1996.