TARANJIT SINGH Vs. GURMIT SINGH

JUDGEMENT

(1.) Defendant No.l - Taranjit Singh is before this Court In the present regular second appeal assailing the judgment & decree dtd. 19/2/2000 passed by the First Appellate Court of learned Addl. District Judge, Kapurthala, affirming the judgment & decree dated 30,07.2016 of the trial Court of learned Addl. Civil Judge (Sr. Divn), Kapurthala, whereby suit of the plaintiff - Gurmit Singh (respondent No.l herein} for declaration and permanent injunction, regarding property in dispute, was decreed.

(2.) The dispute pertains to the property of one Mohinder Singh, who expired on 27/7/2007, Said Mohinder Singh had three sons, namely, Taranjit Singh, Balbir Singh and Navjinder Singh, impleaded as defendant Nos.l to 3 (now appellant and respondent Nos.2 and 6}. Surjit Kaur - defendant No.4 (respondent No.7 herein} is the wife of Mohinder Singh; whereas Jagpreet Kaur, Amrit Kaur, Gurbinder Kaur and Balwinder Kaur - defendant Nos.5 to 8 (respondent Nos.3 to 5 and 8 herein) are the daughters of Mohinder Singh. Plaintiff - Gurmit Singh is the son of Taranjit Singh, i.e. grandson of Mohinder Singh.

(3.) It is not in dispute that Mohinder Singh had earlier executed a registered Will bearing Vasika No.191 dated 18.03,1997 (Ex-DiO), whereby he had bequeathed his property in favour of his three son, i.e. Taranjit Singh, Balbir Singh and Navjinder Singh in equal shares, stating therein that he had already performed the marriage of his daughters, who were residing happily with their in-laws. Correctness of the said Will was not disputed by any of the parties.