AMARJIT KAUR Vs. MANJIT SINGH

JUDGEMENT

(1.) Present Regular Second Appeal (RSA) has been filed by defendants No.1 to 3 (appellants herein), against the concurrent finding of decreetal of suit in favour of the deceased plaintiff - Manjit Singh (respondent herein).

(2.) Brief facts, necessary for adjudication of the case are that plaintiff filed a suit for seeking decree of declaration to the effect that plaintiff and defendants No.4 & 5 are owners of land measuring 41 Kanals 5 Marlas share of 164 Kanals - 16 Marlas in equal shares and defendant No.1 to 3 are owners of land measuring 13 Kanals - 15 Marlas 1/16th share of land measuring 164 Kanals - 16 Kanals comprised in Khewat No.25, Khatoni No.53, Rect. No. 89, Killa No. 2(8-0), 3(8-0), 8(4-2), 9(8-0), 10(8- 0), 11(8-0), 11(8-0), 20(3-13), 12(4-0), 1(8-0), Rect. No.88 Killa No. 13 (4- 2), 14(8-0), 17(8-0), 19(3-18), 21/2 (3-2), 22(8-0), 23(7-8), 5(8-16), 6(8-0), 7(5-19), 15(8-0), 16(7-19), 18(7-8), Rect. No.90 Killa No.1(7-18), 2(8-0), Rect. No.91, Killa No.5(2-9), situated within the revenue limits of village Beedowali, Tehsil Gidderbaha, District Sri Muktsar Sahib as per Jamabandi for the year 1995-96 being the legal heirs of deceased Angrej Kaur. Another decree of declaration is prayed to the effect that Will dtd. 6/1/2003 alleged to be executed by deceased - Angrej Kaur, in favour of deceased - Gurmeet Singh, is forged and fabricated document, and mutation No.1788 regarding estate of deceased - Angrej Kaur is illegal, null & void, and not binding upon the rights of the plaintiff.

(3.) Defendants No.2 and 3 were minors at the time of filing of the suit, therefore, their interest was looked after by defendant No.1 (their real mother).