CHANAN KAUR Vs. AJAIB SINGH

JUDGEMENT

(1.) This is defendant's second appeal against whom suit for declaration has been decreed by both the Courts below.

(2.) The land was originally owned and held by one Jagat Singh, who died on 13th September, 1968. During his life time, he made a registered Will Exhibit P.1 dated 3'st March, 1960, which was registered on 4th April, 1960. He had four sons. His son Tara Singh had already died, leaving behind his widow Chanan Kaur, defendant-appellant. By virtue of the said Will, the property was given to his three sons, excluding the widow of his pre-deceased son. Since the inheritance was mutated according to the natural succession, hence the present suit.

(3.) The suit was contested by Smt. Chanan Kaur defendant No. 2-appellant. She denied the claim of the plaintiffs that Jagat Singh deceased had left behind any registered Will in their favour. According to her, Jagat Singh deceased had died intestate.