SHINGARA SINGH Vs. NASIB KAUR AND ORS.

JUDGEMENT

(1.) DEFENDANT No. 1 is in second appeal against the judgment and decree dated 31.10.2014 passed by Additional District Judge, Ludhiana, vide which judgment and decree dated 25.7.2011 passed by Civil Judge, (Jr.Divn.)Ludhiana has been upheld.

(2.) PLAINTIFF Nasib Kaur (deceased) filed suit for declaration and permanent injunction to the effect that Gurdev Singh son of Niranjan Singh was resident of village Raian District Ludhiana, who died on 23.12.1993. Gurdev Singh married twice. Jagir Kaur was his first wife, who died about 42 years back from whom he had three children i.e. Shingara Singh, Rajinder Singh and Paramjit Kaur, defendants No. 1 to 3 respectively. After the death of Jagir Kaur, Gurdev Singh married plaintiff about 39 -40 years back. Gurdev Singh had one child from this wedlock i.e. Karamjit Kaur -defendant No. 4. Marriage of defendant No. 3 was solemnized by the plaintiff and Gurdev Singh several years back and she is living in her matrimonial house. She did not visit her father for several years nor took any care of plaintiff and Gurdev Singh. Defendants No. 1 and 2 were vagabond type of persons and they did not care for the plaintiff and Gurdev Singh. They are un -married and have been quarrelling and threatening Gurdev Singh during his life time. When the marriage of Karamjit Kaur was to be solemnized with Bhagwant Singh, defendants No. 1 and 2 created scenes and threatened Gurdev Singh of dire consequences. Resultantly, Gurdev Singh had to come to Raikot, where brother of the plaintiff, namely, Bhagwan Singh, has been residing. There, they performed marriage of Karamjit Kaur with Bhagwant Singh on 26.3.1989 and immediately thereafter, Gurdev Singh filed criminal complaint against defendants No. 1 and 2 under Section 107 Cr.P.C. The attitude of defendants No. 1 and 2 was totally intolerable, which ultimately led to their dis -inheritance by publishing news item by Gurdev Singh. Plaintiff has been serving Gurdev Singh through his life time and Gurdev Singh executed valid Will dated 21.12.1993 in favour of the plaintiff bequeathing all his movable and immovable properties. Will was executed by him in Mangat Nursing Katani Kalan District Ludhiana where he was undergoing treatment. In view of the said Will, the estate of Gurdev Singh including movable and immovable properties came to plaintiff at the time of his death as the plaintiff was his legal heir. Plaintiff further alleged that she is in actual physical possession of the house, landed property of Gurdev Singh and the defendants have no right, title or interest in any manner. After the bhog ceremony of Gurdev Singh, plaintiff went to Raikot along with his brother and when she came back defendants refused her claim over the property and rather got a mutation sanctioned in their favour in the absence of the plaintiff. Mutation in question is claimed to be illegal and not binding upon the rights of the plaintiff. Defendants threatened the plaintiff that they will alienate the property of Gurdev Singh including tractor -trolley etc. which prompted the plaintiff to file the present suit.

(3.) AFTER filing of replication, following issues were framed by the trial Court: - -