KARTAR KAUR Vs. PAL SINGH

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 11.8.1982 passed by the Additional District Judge, Sirsa vide which the judgment and decree passed by the Senior Sub Judge, Sirsa dated 16.11.1979 has been set aside.

(2.) THE relevant facts for the disposal of this appeal are that Bhag Singh was the owner of agricultural land measuring 43 kanals and 13 marlas. Bhag Singh was have three sons namely Lachhman Singh, Ahjit Singh and Bhagat Singh and one daughter namely Jeeto. Respondents-Pal Singh and Rajinder Singh, sons of Bhagat Singh instituted a suit against their grand-father Bhag Singh seeking declaration that they are the owners in possession of the land owned by Bhag Singh alleging that they had purchased the said land for Rs. 12,000/- in the year 1963. They also pleaded that they became the owners by way of adverse possession and had taken the land on lease for a period of 99 years. They also pleaded that Bhag Singh conceded the claim of respondents and a consent decree dated 11.8.1976 Ex. D-2 was passed in their favour declaring them to be the owner in possession of that land. They also averred that Bhag Singh had executed a Will Ex. D-1 which was registered on 29.7.1976 bequeathing his estate in their favour.

(3.) THE suit was contested by Pal Singh and Rajinder Singh and their father Bhagat Singh. They filed joint written statement and controverted the allegations and pleaded that the Will propounded by the appellants stood revoked in view of the last testamentary disposition made by the deceased Bhag Singh on 29.7.1976 in their favour. The appellants are to be non-suited on the ground that decree dated 11.8.1976 suffered by Bhag Singh in favour of the respondents was legal and valid one. On the pleadings of the parties, the following issues were framed :-