BALDEV SINGH Vs. MOHAN SINGH AND ORS.

JUDGEMENT

(1.) THE appellant -plaintiff has assailed the impugned findings of the Lower Appellate Court, whereby the suit for declaration to the effect that plaintiff and defendant No. 13 are owners in possession in equal share of the estate of Karam Singh and Jagat Singh sons of Bhagwana on the basis of the registered Will executed by Karam Kaur on 13.12.1989, who succeeded to the estate of Jagat Singh and Karam Singh being their real sisters as sole heirs with a consequential relief of permanent injunction restraining defendant Nos. 1 to 12 from interfering into the possession of the plaintiff over the suit land and in the alternative, suit for joint possession of the land measuring 5 kanals 16 marlas out of land measuring 26 kanals 4 marlas, has been dismissed.

(2.) MR . Sarju Puri, learned counsel appearing on behalf of the appellant -plaintiff submits that Bhagwan Singh @ Bhagwana was owner of the land and after his death, the same was succeeded by his two sons, namely, Karam Singh and Jagat Singh and a daughter, named, Karam Kaur in equal share, i.e., 1/3rd share. Karam Singh died on 30.4.1989, whereas Jagat Singh died after a few months thereafter, i.e., on 3.8.1989 and, therefore, the entire land belonging to Bhagwana was to be inherited by Karam Kaur being the only successor -in -interest being collateral. Mutation was also sanctioned in her favour. A Will dated 13.12.1989 was executed by Karam Kaur in favour of the appellant -plaintiff, namely, Baldev Singh and defendant No. 13 Resham Singh son of Naranjan Singh in respect of her entire estate in equal shares. Plaintiff claiming the inheritance of Jagat Singh, Karam Singh and Karam Kaur filed a suit, which was decreed in his favour and defendant No. 13 and as such, they are owners in possession of the entire land measuring 8 kanals 14 marlas held by Bhagwana. Since defendant No. 8 was threatening to dispossess the plaintiff forcibly from the suit land on the ground that the revenue authorities sanctioned the inheritance of Jagat Singh and Karam Singh to the extent of 2/9 share in favour of defendant Nos. 1 to 7 being L.Rs of Karam Singh and Jagat Singh, the suit, on aforementioned grounds, was filed.

(3.) PW -1 Ram Dass, PW -2 Swaran Singh and PW -3 Hardev Singh in their evidence stated that both Jagat Singh and Karam Singh died as bachelors as both of them were his maternal uncles.