KARNAIL SINGH Vs. SUKHPAL KAUR

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed by the defendants against the judgment and decree passed by both the Courts below vide which suit of the plaintiff, respondent herein, for possession regarding the land in question has been decreed.

(2.) THE dispute in this case is about 37 kanals 7 marlas of land owned by one Arjan Singh. Plaintiff Sukhpal Kaur, daughter of the aforesaid Arjan Singh, filed the instant suit for possession of the land in dispute on the basis that she inherited the land of her father Arjan Singh being his only legal heir. She alleged that the defendants have no concern with the land, but they forcibly entered into the land in question and got the mutation sanctioned. When they refused to deliver possession of the land in question, the suit was filed.

(3.) BOTH the Courts below decreed the suit of the plaintiff. On the basis of the evidence, it was held that the plaintiff is the daughter of Arjan Singh. It was also held that the defendants did not prove the execution of the valid Will by Arjan Singh and the same was found to be surrounded by suspicious circumstances. In this regard, the Courts below found, as a fact, the following suspicious circumstances :-