JOGINDER SINGH TUT Vs. LAKHBIR KAUR AND OTHERS

JUDGEMENT

(1.) Plaintiff Joginder Singh aggrieved by the dismissal of his suit for declaration that he and the 4 th defendant Sukhvir Kaur were owners in possession of the suit property by both the Courts below, has preferred the present appeal.

(2.) Plaintiff has contended in the plaint that 1 st defendant Lakhbir Kaur got divorce from the plaintiff on 3.11.1978 under the provisions of the Hindu Marriage Act. The alleged Will dated 23.1.1988 in favour of herself and Amandeep Singh and Pawandeep Singh, defendants 2 and 3 respectively, was rejected by the SDO(Civil)cum-Assistant Collector vide his order dated 22.1.1997. The subject property was ancestral coparcenary property of the Joint Hindu Family. Harbans Singh who was father of the plaintiff had no exclusive right to execute the Will. Contending that the plaintiff and the 4 th defendant Sukhvir Kaur became owners in possession of the suit property on the demise of their father Harbans Singh, filed suit claiming the aforesaid reliefs.

(3.) Defendants 1 to 3 contended that Harbans Singh was competent to execute Will dated 23.1.1988. Defendants 1 to 3 denied that the suit property was ancestral coparcenary property of the Joint Hindu Family. As the plaintiff had been to Canada after obtaining a formal divorce from the 1 st defendant and did not come back to take the 1 st defendant as agreed, Harbans Singh had executed the subject Will in favour of defendants 1 to 3. Contending that defendants 1 to 3 were owners in possession of the suit property and the mutation also was sanctioned in their favour in the appeal preferred as against the order passed by the SDO (Civil)-cum-Assistant Collector, they have pleaded for dismissal of the suit.