INDER KAUR Vs. BABU SINGH

JUDGEMENT

(1.) The dispute in this case pertains to the estate of Malla son of Rodal. The pedigree table given below will help in understanding the relationship of the parties to the suit:-

(2.) Malla died on 04.07.1966 unmarried and issue less. After his death, Thakur Singh and Sarban Singh sons of Harjala got mutation of the estate of Malla entered and sanctioned in their favour on 27.11.1966. The mutation was entered a day before it was sanctioned.

(3.) On coming to know of the mutation Babu Singh, Phuman Singh and Harnami, sons and daughter of Kishani (sister of Malla) raised objection and claimed their 1/2 share in the estate left by Malla. At this stage, Inder Kaur daughter of Harjala came forward and set up a Will dated 05.01.1966 (Ex.DW4/1) executed by Malla in her favour. Thakur Singh and Sarban Singh brothers of Inder Kaur withdrew their claim in favour of Inder Kaur and revenue authorities cancelled mutation in favour of Thakur Singh and Sarban Singh and allowed the same in favour of Inder Kaur. Babu Singh and others challenged the order of sanctioning of mutation in favour of Inder Kaur before the Collector who allowed the appeal and reversed the order of Assistant Collector vide order dated 14.07.1967. Inder Kaur filed appeal before the Commissioner, who reversed the order of Collector. Ultimately, Babu Singh and others filed civil suit on 18.06.1968 for possession as owners of 1/2 share of the land measuring 48 kanals 4 marlas.