JASWANT KAUR Vs. LAKHWINDER SINGH

JUDGEMENT

(1.) While assailing the correctness of the concurrent findings of fact arrived at by the Courts below, the plaintiff has filed the present appeal.

(2.) She claims property on the basis of natural succession. It was claimed that the property in question was owned and possessed by her husband late Sh. Baldev Singh. She filed a suit against 4 of her sons and subsequent purchasers from her 4 sons. In the written statement, the defendants submitted that late Sh. Baldev Singh in the Civil Court acknowledged the 4 sons to be the owners in possession of the property resulting in a judgment and decree passed by the Civil Court in their favour.

(3.) The sons also claimed that late Sh. Baldev Singh, as a precautionary measure, bequeathed the property by an unregistered Will dtd. 25/11/1994, to them. It has been stated that defendant no.3 has adopted defendant No's 2 son and now the intention of defendant no.3 and his wife has become dishonest and that's why they have challenged the adoption. It has also come on record that the sons had transferred the property in favour of defendant no.5 and 6 by the registered sale deeds on receipt of valuable consideration.