BASTA SINGH Vs. JOGINDER KAUR AND ORS.

JUDGEMENT

(1.) DEFENDANT No. 1 is in second appeal against the concurrent judgments and decrees passed by the Courts below.

(2.) PLAINTIFF -Joginder Kaur filed suit for possession in respect of 17 Kanal 19 Marlas of land as fully detailed in headnote of the plaint. She also put forward her claim to one house situated in the village as also described in the headnote of the plaint.

(3.) BASTA Singh and Jaswant Singh other sons of Nand Singh (defendants No. 1 and 2) filed a civil suit with regard to the property in question. Declaration was sought that Basta Singh, Jaswant Singh - defendants No. 1 & 2 were owners in possession of the land of Harmej Singh by virtue of unregistered Will dated 01.10.1975, alleged to have been executed by Harmej Singh. Suit was filed against the mother Attar Kaur. During pendency of the suit, Attar Kaur died on 06.06.1978. Attar Kaur had executed a Will dated 01.06.1977 in favour of Jaswant Kaur and Joginder Kaur (daughters) which was later on registered on 20.06.1977. Joginder Kaur -plaintiff was impleaded as a party in place of Attar Kaur in the suit filed by Basta Singh and Jaswant Singh (defendants No. 1 and 2). The said suit was decreed vide judgment and decree dated 29.02.1980. The Will set up by Basta Singh and Jaswant Singh was accepted and the Will set up by Joginder Kaur dated 25.11.1975 was rejected.