MANJIT SINGH Vs. PARAMJIT KAUR AND OTHERS

JUDGEMENT

(1.) Gian Singh, father of plaintiffs Gurpal Singh in civil suit No.245 dated 09.12.1998 and Gurdial Singh in civil suit No.246 dated 10.02.1999, was concededly the absolute owner of the suit property. He had four sons, namely, Gurpal Singh, Kulwant Singh, Gurdial Singh and Gurdev Singh. In a suit filed by Gurpal Singh, he prayed for a declaration that he was the owner in possession of the land measuring 58 kanals and 15 marlas, situated at village Khiala Kalan, Tehsil Ajnala, District Amritsar. And for injunction, restraining the defendants from interfering in his peaceful possession. It was pleaded that Gian Singh, father of the plaintiff who has since died, was living with the plaintiff and was served by him. He executed a will dated 12.09.1994, vide which he bequeathed his estate in favour of the plaintiff. Gian Singh was stated to have expired on 19.04.1995 and thereafter, plaintiff continued to be in possession of the suit property. Resultantly, defendants, who happened to be the other two sons of Gian Singh and the legal representatives of his third son i.e. Gurdev Singh, had no right, title or interest in the estate of Gian Singh. However, a mutation was got sanctioned by the defendants in their favour, which was required to be set aside.

(2.) In defence, defendants pleaded that although the suit property was owned by Gian Singh but it was denied that he was living with the plaintiff or was being served by him. Rather, it was pleaded that he had strained relationship with the plaintiff. Resultantly, execution of the will dated 12.09.1994 was also denied. It was maintained that in fact Gian Singh executed a registered will dated 24.03.1995 and vide which he had bequeathed separate portion of land to his progeny. Thus, all co-sharers were the owners of specific portion as stipulated in the will. Since the plaintiff intended to alienate specific portion of suit land defendant had to file a suit for injunction Gurdial Singh and Inderjit Singh son of Gurdev Singh in a suit No.246 of 10.02.1999 filed by them prayed a decree for injunction, restraining the defendants from alienating any specific khasra number or land more than their share. It was pleaded that pursuant to a will dated 24.03.1995, Gian Singh bequeathed his estate in favour of his sons as per the arrangement set out in the said will.

(3.) Defendant Gurpal Singh in the said suit, questioned the veracity of will dated 24.03.1995 and the same was alleged to be a forged and fabricated document. And accordingly, he relied upon a will dated 12.09.1994, vide which Gian Singh had purportedly bequeathed his estate in favour of Gurpal Singh.