KARTAR KAUR Vs. HARNAM SINGH

JUDGEMENT

(1.) THIS is defendant's Regular Second Appeal against the judgment and decree of the District Judge, Faridkot, whereby the appeal filed by the plaintiff was accepted, thereby decreeing his suit.

(2.) BRIEFLY put :the dispute pertains to determining the validity of will dated 12. 4. 1975, executed by Sardara Singh, brother of Harnam Singh (Plaintiff) in favour of his alleged wife Smt. Kartar Kaur. The parties are near relations. Harnam Singh, is the real brother of Sardara Singh, deceased, whereas Kartar Kaur claims herself to be the wife of Sardara Singh. The later fact has been denied by Harnam Singh who states that she is, infact, widow of Bhan Singh, another brother of Sardar Singh. Harnam Singh has laid claim to the property of Sardara Singh, deceased, on the ground that Sardara Singh died issueless/wifeless and so, he alone being his brother, is entitled to succeed to the estate of the deceased as other brothers, sisters and mother have already pre-deceased Sardara Singh. This way, the plaintiff denied the execution of will in favour of Kartar Kaur as well as her marriage with Sardara Singh and so filed the present suit for possession.

(3.) THE defendant denied the various allegations of the plaintiff. It was further alleged that she is widow of Sardara Singh and was living with him as his wife. It is further the case of defendant that the deceased executed a will in her favour on 12. 4. 1975 and pursuance to which mutation of land, too has been sanctioned in her favour.