KRISHNA DEVI Vs. AMARJIT

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed by the defendants against the judgment and decree passed by both the Courts below vide which the suit of the plaintiffs (respondent Nos. 1 to 3 herein) for declaration as well as possession has been decreed.

(2.) RESPONDENT Nos. 1 to 3 filed the suit in question seeking declaration to the effect that they are the mortgagees in possession of the land measuring 6 kanals 15 marlas being 1/3rd share of 20 kanals 4 marlas situated in village Shamspur, Tehsil Samrala, District Ludhiana. They also filed a suit for possession regarding the land measuring 7 kanals 2 marlas being half share of the lands measuring 14 kanals 4 marlas situated in the same village. They claimed the aforesaid two pieces of land which belonged to one Charanji Lal on the basis of the will dated 29.7.1970 (Ex.P1), which was executed by the said Charanji Lal in their favour. It was further pleaded that the mutation of the aforesaid land was illegality got sanctioned by Smt. Krishna Devi (appellant No. 1 herein) on the basis of the will date 10.10.1970 alleged to have been executed in her favour by the said Charanji Lal; and subsequently she mortgaged the land measuring 7 kanals 2 marlas in favour of appellant Nos. 2 to 4, though she was not having right to do so. Hence, the aforesaid suit was filed.

(3.) ON the basis of the pleadings of the parties, the following issues were framed by the trial Court -