(1.) This appeals is directed against the judgment and decree dated 9.3.1984 passed by the Additional District Judge, Faridkot, by which the appeal filed by the defendant -appellant was dismissed and the judgment decree dated 3.11.1981 passed by the trial Court (decreeing the suit of the plaintiffs - respondents) was upheld.
(2.) Briefly, stated the facts of the case are that Punjab Kaur filed a suit for possession against Bhagwan Kaur and Bhura Singh with the following averments.
(3.) Bhagwan kaur defendant -appellant contested the suit and stated that since Punjab Kaur had already filed a suit on 14.12.1977, therefore, the present suit was liable to be stayed under Sec. 10 of the Code of Civil Procedure. It was further stated by the defendant -appellant that the Hindu Succession Act has no applicability to the facts of the present case. She admitted that Ganda Singh had 3/4th share in the land measuring 215 kanals 18 marlas. The right of Punjab Kaur plaintiff was denied. It was further averred by Bhagwan Kaur defendant -appellant that Ganda Singh had executed a Will in her favour on 7.6.1977 when he was in a sound disposing mind; that the mutation, on the basis of that will, was sanctioned in her favour in the presence of Punjab kaur plaintiff; and that Ganda Singh had given all the ornaments and cash to Punjab Kaur plaintiff and transferred 1/4th share of the landed property in her favour by means of a decree through Court.