GURCHARAN SINGH Vs. PREM KAUR AND OTHERS

JUDGEMENT

(1.) The facts that led to this dispute as per the plaint preferred by the plaintiff-Prem Kaur respondent No.1 before this Court, are that she is the only daughter of Balwant Singh son of Devi Datta (Dewa Singh) and that her father died in the year 1974 and his mother has pre-deceased him and since she is the lone heir and the father having died intestate was entitled to inherit the property of her father situated in the villages of Thali Kalan, Singhpura, Chak Karma, District Ropar detailed in the head note of the plaint. Claiming that she was married to Kalyan Singh and resided with him at the places of her husband's posting and had been regularly visiting her father and after the death of her father defendant No.2 Sohan Singh, who, happens to be the brother of her father had been paying her chakota qua this land and when she approached him for the return of her property the latter refused and rather had sold off some of the property to which he had no right, title and interest and rather had claimed having owned the estate of Balwant Singh through Will dated 26th December, 1973 in favour of his son defendant No.1 Gurcharan Singh and on the basis of same have got mutations sanctioned and, thus, filed suit for declaration that she was entitled to inherit the estate of her father and that the will dated 26th December, 1973 was illegal, forged, null and void document and is liable to be set aside and even the succession certificate dated 8th November, 1979 so obtained on its basis was based on false and frivolous grounds and sought possession of the land duly described and depicted in the head note of the plaint situated in these three villages detailed above.

(2.) The defendants No.1 and 2 in their written statements took the stand by way of preliminary objections as to the nonmaintainability of the suit, lack of locus standi of the plaintiff, suit being hopelessly time barred and not properly valued for the purpose of Court fees. However, on merits, admitted inter se relations of Balwant Singh and claimed that defendants No.1 and 2 had been serving Balwant Singh through out his life and out of love and affection through Will dated 26th December, 1973 had bequeathed his estate in favour of defendant No.1 regarding which mutations were duly sanctioned and succession certificate has also been granted and denied the claim of the plaintiff terming the Will to be a legal and valid document.

(3.) The defendant No.3 in his stand taken in his written statement claims that he along with his brothers Mohan Singh, Rajinder Singh and Jagtar Singh have purchased the house in village Thali Kalan, for a valuable consideration through registered sale deed dated 21st April, 1979 from defendant No.2 and they are in legal and continuous possession of the same and therefore, they are owners in possession of the same.