HARI SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is plaintiffs' second appeal whose suit for declaration has been dismissed by both the Courts below. The property in dispute was originally held by one Hazara Singh, on whose death it was mutated in the revenue record in favour of his two daughters Bhagwan Kaur and Labh Kaur and two sons Gian Singh and Ram Singh, 1/4th share each. Ram Singh secured a country liquor vend in the year 1968-69. The licence fee of the Excise Department in the sum of Rs. 1,06,057/- was recoverable from him as land revenue. Ram Singh was called upon to pay the amount of licence fee amounting to Rs. 64,297/-.

(2.) Hari Singh son of Ram Singh and Paul Singh son of Gian Singh filed the present suit on 12.12.1972 for declaration to the effect that Hari Singh to the extent of 1/2 share and Paul Singh to the extent of 1/4th share were owners of this land to the exclusion of Ram Singh. The claim was based on the basis of a Will dated 12.10.1961 alleged to have been executed by Hazara Singh in favour of the plaintiffs. The State of Punjab contested the suit disputing the Will. Both the Courts below found that the Will Ex. P-1 was not a valid document as it was surrounded by grave and suspicious circumstances. Consequently, the plaintiffs' suit was dismissed. Dissatisfied with the same the plaintiffs have filed the second appeal in this Court.

(3.) The only argument raised on behalf of the plaintiff-appellant is that even if the suit is dismissed, the share of Ram Singh is only 1/4th in the estate left behind by his father Hazara Singh and therefore only the share of Ram Singh could be attached and sold in realisation of the amount due to the State of Punjab. Of course, in the written statement filed on behalf of the State of Punjab the position taken was that Ram Singh is the owner of 1/4th of the suit property but the claim of the plaintiffs that they are owners of the whole property left by Hazara Singh was denied. In this view of the matter it is quite evident that according to the plea of the State itself Ram Singh is owner of 1/4th share of the estate left by Hazara Singh. With these observations, the appeal fails and is dismissed with costs.