PIARA SINGH Vs. HARJINDER SINGH

JUDGEMENT

(1.) This Regular Second Appeal has arisen out of the judgment dated 16.12.1992 passed by the First Appellate Court allowing the appeal filed by defendants-respondents against the judgment dated 07.05.1988 passed by the Trial Court whereby the suit of the plaintiffsappellants was decreed.

(2.) Bhajan Kaur wife of Labh Singh @ Teja Singh (since deceased) now represented by the LRs Piara Singh and others-appellants in the present Regular Second Appeal, had filed the suit for joint possession of 1/3rd share out of the land in dispute measuring 205 Kanals 4 Marlas situated in village Sarhali Kalan, Tehsil Taran Tarn as fully detailed in the head note of the plaint. As per the plaintiffs, the suit land was owned by Labh Singh @ Teja Singh, who was earlier married with Santo. The said Santo died in the year 1945 and thereafter, Labh Singh @ Teja Singh married Bhajan Kaur in the year 1946. From this marriage a son, namely, Bhagwant Singh was born. The pedigree table given below will help to explain the relationship of the parties to the suit:

(3.) Labh Singh @ Teja Singh died on 12.09.1984 and the plaintiff has inherited her 1/3 share in the suit property. Paramjit Singh, Harjinder Singh, Balwinder Singh and Angrej Singhdefendants (respondents) alleged that Labh Singh @ Teja Singh executed a Will in their favour with regard to the suit land. They have also got the mutation with regard to the land of Labh Singh @ Teja Singh entered and sanctioned in their favour at the back of the plaintiff and on the basis of that mutation the aforesaid defendants No. 1 to 4 started threatening to alienate the suit land.