JASWANT SINGH Vs. JASPAL KAUR AND ORS.

JUDGEMENT

(1.) This is a Regular Second Appeal at the instance of appellantplaintiff against the judgment and decree dated 21.03.2011 passed by Civil Judge, Junior Division, Moga, whereby suit of the plaintiff declaring him owner in joint possession of 59/2838 shares in suit land had been decreed but vide judgment and decree dated 06.06.2012 passed by lower Appellate Court, whereby the suit of the appellant-plaintiff for declaration had been dismissed.

(2.) It would be apt to mention few facts. The appellant-plaintiff filed a Civil Suit on 30.05.2008 claiming declaration that he is owner in possession of the suit property situated at Village Jhandewala, Tehsil and District Moga and in the alternative prayer for grant of joint possession as owner/co-owner to the extent & in the manner specified in the suit was sought. The plaintiff averred in suit that property in dispute, i.e. 59/2838 share was the ownership of Chhinder Kaur (since deceased) @ Manjit Kaur, who was sister of the appellant-plaintiff. Aforementioned property was, according to the averments made in the plaint, inherited from the father Puran Singh. Chhinder Kaur had married defendant No.4-Teja Singh and out of the wedlock, defendant Nos.1 to 3, i.e., her sons and daughters were born. Chhinder Kaur executed a valid and registered Will dated 23.05.1994 in favour of the plaintiff qua the suit land as the appellant-plaintiff had helped her and as well as served her in performing marriages of her two daughters, i.e., defendant Nos.1 & 2 and since she was happy to the services rendered, executed Will in favour of the plaintiff.

(3.) Unfortunately, Chhinder Kaur died on 19.08.2006 and, thereafter, the property was got mutated as by way of natural succession in favour of defendants Nos.1 to 3. In these circumstances, aforementioned suit was filed.