TEJ KAUR Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) The present judgment shall dispose off both the above-noted appeals filed by the appellants-Tej Kaur, Swinder Kaur and Mohinder Kaur.

(2.) Before adverting to the facts relevant to the present lis, a pedigree table is being drawn up for a clear understanding of the dispute in hand :

(3.) The dispute in the present case pertains to the estate of Havela Singh who died on 8/11/1984. Two suits came to be filed, one being Civil Suit No.65 of 1985 by Banto wife of Havela Singh against Tej Kaur, the second wife of Havela Singh, Gurnam Kaur, Swinder Kaur, Mohinder Kaur, daughters of Havela Singh and Harbhajan Singh being grandson of Havela Singh. Banto widow of Havela Singh filed the Civil Suit No.65 of 1985 for declaration to the effect that she was owner in joint possession to the extent of 1/6th share in land measuring 93 kanals 14 marlas fully described in the heading of the plaint situated in Tehsil Ajnala, District Amritsar. It was the case set up by her that Havela Singh was the owner in possession of the suit land and Gurnam Kaur was the daughter of Banto and Havela Singh whereas Swinder Kaur, Mohinder Kaur and Deepo were the daughters of Havela Singh and Tej Kaur. Harbhajan Singh was the son of the Deepo. In the suit, two Wills - one dtd. 10/12/1973 in favour of Tej Kaur, Swinder Kaur, Gurnam Kaur, Mohinder Kaur and Harbhajan Singh and one dtd. 12/3/1975 in favour of Tej Kaur, Mohinder Kaur and Swinder Kaur - were also challenged as being forged and fabricated. It was the case set up that no Will was executed by Havela Singh. It was further the case set up that earlier also the defendant-appellants had filed a civil suit which was dismissed on 22/11/1977 holding that there was no family settlement.