BALWINDER SINGH Vs. NARINDER KAUR AND OTHERS

JUDGEMENT

(1.) The brief facts emerging out of the impugned judgments and decrees are that one Sant Singh @ Santa Singh son of Munshi Ram was the owner in possession of the suit land. He died on 27.11.1990. The plaintiffs and defendant No.4 (i.e. respondents No.1 to 3 and 6) are the daughters of said Santa Singh whereas defendants No.2, 3, 5, 6 and 7 (i.e. appellant, respondent No.5 and respondents No.7 to 9 respectively in the instant appeal) are the sons, widow and daughters of Gurnam Singh, predeceased son of Santa Singh.

(2.) As per the plaintiffs, the above persons are the legal heirs of Santa Singh and thus, the plaintiffs and defendant No.4 are entitled to 2/3rd share; whereas defendant No.3 Sucha Singh is entitled to 1/6th share and defendants No.2, 5, 6 and 7 are entitled to 1/6th share jointly under the law of the land in dispute, which belongs to Santa Singh. Defendant No.1 has got absolutely no right, title or interest in the suit land. However, the defendants No.1 and 2 (i.e. now respondents No.4 and the appellant) jointly asserted that Santa Singh had executed a Will dated 25.08.1989 in their favour; whereas the said Will is false, forged and fabricated document and has been prepared after the death of Santa Singh only to grab his land, since he died intestate and he never executed any such Will. They were entitled to their share of the property, as claimed above, and mutation if any sanctioned by the revenue officer at their back was void and a nullity in the eyes of law.

(3.) Since the defendants did not admit the claim of the plaintiffs the suit has been necessitated.