LAWS(P&H)-2013-9-854

SHAMSHER KAUR Vs. AJMER KAUR AND OTHERS

Decided On September 06, 2013
Shamsher Kaur Appellant
V/S
AJMER KAUR AND OTHERS Respondents

JUDGEMENT

(1.) Having lost before both the courts below, the plaintiff-appellant has preferred this regular second appeal.

(2.) The dispute pertains to the inheritance of the estate of Kartar Singh son of Hardev Singh. Harnam Kaur (since deceased) was his widow while he had three daughters namely Ajmer Kaur, Gurdev Kaur and Shamsher Kaur. The pedigree table as given below will help to understand the relationship between the parties :-

(3.) The plaintiffs (Shamsher Kaur and Harnam Kaur) filed the suit for declaration of the title of the plaintiff No.1 Shamsher Kaur to the extent of share and plaintiff No.2 of 1/4 share in the suit land as fully described in the head note of the plaint, on the basis of the unregistered Will dated 25.8.1975 (Ex.P1) executed by Kartar Singh. On seeing the revenue record, they came to know about the anomaly in the revenue record and requested the defendants to admit the claim of the plaintiffs but in vain. The entire land is in possession of the plaintiffs but the defendants in collusion with the Revenue Authorities got the mutation of inheritance of Kartar Singh entered and sanctioned in their favour. Hence the suit.