GURWANT SINGH Vs. BAKHSHISH KAUR

JUDGEMENT

(1.) The present appeal has been preferred by defendant Nos.1 and 5 against the concurrent findings recorded by both the Courts below while decreeing the suit of the plaintiff-respondent No.1.

(2.) The brief facts relevant to the present lis are that the plaintiffrespondent No.1, daughter of Shingara Singh, filed a suit for declaration to the effect that the land measuring 79 kanals and 14 marlas, fully described in the plaint, is owned and possessed by the plaintiff-respondent No.1 and defendant nos.3 to 5 and that defendant nos.1 and 2 have got no right or title. It was averred in the plaint that the plaintiff-respondent No.1 along with defendant nos.3 to 5 are the natural heirs of Shingara Singh and have inherited the estate of Shingara Singh in equal proportion upon his death. It was further pleaded that the suit property was ancestral and coparcenary in nature and she further challenged the Will dtd. 10/10/2011 in favour of defendant Nos.1 and 2 alleged to have been executed by Shingara Singh.

(3.) Upon notice, the defendant Nos.1 and 5 filed their written statement averring therein that the plaintiff-respondent No.1 never came in possession of the suit land and as such the suit was not maintainable. It was further averred that Shingara Singh had executed a valid Will dtd. 10/10/2011 in a sound disposing mind.