CHARANJIT KAUR Vs. AVTAR SINGH AND OTHERS

JUDGEMENT

(1.) The appellant-defendant no.1, Charanjit Kaur has come up in this regular second appeal against the judgment of reversal dated 24.1.2012 passed by the Additional District Judge, Ambala whereby, an appeal against the judgment and decree dated 23.1.2010 passed by the Civil Judge (Junior Division), Ambala City was allowed and the judgment of the trial Court was set aside.

(2.) The plaintiffs-respondents no. 1 & 2 had filed suit against the appellant-defendant no.1 with the averments that they are owners in possession of the land in dispute and sought consequential relief of permanent injunction restraining defendant no.1 Charanjit Kaur from interfering in any manner in peaceful possession over the suit land.

(3.) Plaintiff no.1 and his brother Amarjit Singh (deceased) were sons of plaintiff no.2 and they were joint owners in possession of the suit land in equal shares. The suit land was ancestral and was initially owned and possessed by Sh. Bachan Singh, grandfather of the plaintiff no.1. Deceased Bachan Singh executed a Will dated 30.8.1982 vide which the suit property was inherited by plaintiff no.1 and his brother Amarjit Singh. Amarjit Singh got married with appellant-defendant no.1 Smt. Charanjit Kaur. However, the marriage did not succeed. Charanjit Kaur wife of Amarjit Singh got aborted her first conception without caring for her husband. Amarjit Singh was under metal tension and litigation ensued between them. Amarjit Singh son of plaintiff no.2-respondent no.2 executed a valid Will dated 25.1.2000 in the presence of witnesses in favour of plaintiff no.2 bequeathing his property in the name of his father. Thererafter Amarjit Singh died in a motor vehicular accident on 17.8.2000 and after his death, plaintiff no.2 inherited his 1/2 share in the suit land and became the joint owner in possession of the land in question on the basis of the Will dated 25.1.2000.