HARBANS SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) This is defendant's regular second appeal against the judgment and decree of the Additional District Judge affirming in appeal the judgment and decrees of the trial Court.

(2.) Smt. Surjit Kaur filed a suit for declaration to the effect that the decree dated 25.2.1980 in case Pal Singh etc. v/s. Teja Singh etc. is illegal, null and void and does not bind the plaintiffs as well as sought relief of injunction restraining the defendants, their servants and agents from interfering into their peaceful possession. The case of the plaintiffs is that Kirpa Singh, husband of plaintiff No. 1, was joint owner to the extent of 1/3rd share in the land subject matter of the suit and was in its physical possession. The defendant's father and brother murdered Kirpa Singh on 16.5.1981 and a case Under Sec. 302/34 of the Indian Penal Code was registered against them. It has further been stated that Smt. Surjit Kaur plaintiff being legally wedded wife of Kirpa Singh besides being his only legal heir to succeed based her claim on the basis of will executed by her husband Kirpa Singh.

(3.) On the pleadings of the parties, following issues were framed: -