HARBANS SINGH Vs. CHARANJIT SINGH

JUDGEMENT

(1.) CM-7021-C-2019 Prayer in the present application under Order 41 Rule 27 read with Sec. 151 CPC for placing on record the additional evidence to produce and prove the Death Certificate of Jawala Kaur, w/o Dalip Singh, Grandmother of the appellant/plaintiff.

(2.) Heard.

(3.) Brief facts of the case as pleaded in the plaint are that Dalip Singh son of Kanhayya Singh was grandfather of the plaintiff and father of the defendants. Contesting defendant No.1 is the son of Dalip Singh; and defendants no.2 and 3 namely Kirpal Kaur and Parkash Kaur respectively, are the daughters of Dalip Singh. Dalip Singh was owner in possession of suit land. It was pleaded case of the plaintiff that Dalip Singh grandfather, out of natural love and affection and in lieu of services rendered by the plaintiff to Dalip Singh, had executed a Will dtd. 14/10/1958 registered on 16/10/1958 thereby bequeathing the suit land to the plaintiff. Dalip Singh had died on 17/11/1958. Since then, plaintiff is owner in possession of the suit land. It was further averred that on the basis of the said Will, a Probate had already been granted in favour of the plaintiff by the Court of learned District Judge, Jalandhar vide order dtd. 27/11/1963. Thus, the Will had been upheld in the Probate proceedings; and defendants had no right, title or interest in the suit property. However, defendant No.1 in connivance with revenue staff had got the mutation sanctioned in his favour regarding estate of Dalip Singh. Taking undue advantage of the wrong revenue entries, defendant No. 1 was declaring himself to be the owner of the suit land and had threatened to dispossess plaintiff from the suit land and to alienate the same forcibly. Hence, present suit was filed on 24/7/2000.