RANJIT SINGHS Vs. GURDEV KAUR

JUDGEMENT

(1.) THIS is a revision petition filed by Ranjit Singh & Ors. directed against the judgment of Smt. Sudershan Modi, Additional Sessions Judge, Ludhiana dated 8.4.1993. The learned additional Sessions Judge accepted revision petition filed against the order passed by the learned Judicial Magistrate, Ist Class, Khanna and directed the petitioners to appear before the learned trial Court.

(2.) THE relevant facts are that Gurdev Kaur respondent had filed a criminal complaint alleging that Prem Singh was her husband. It is alleged that Prem Singh executed a registered Will dated 5.6.1973 in favour of Karnail Singh and Paragat Singh, sons of the brother of respondent Gurdev Kaur. They have been living with Gurdev Kaur since their childhood. The said Will was attested by Amar Singh and Bhajan Singh. Prem Singh died on 15.8.1989.

(3.) AFTER the Bhog ceremony of Prem Singh, respondent Gurdev Kaur, accompanied by Pargat Singh came to Village Daheru and produced the Will before the Patwari. A copy of the Will was supplied to him. Subsequently it transpired that Ranjit Singh and others had produced a forged will claiming the land of Prem Singh. It was asserted by Gurdev Kaur that Ranjit Singh, Avtar Singh, Parminder Singh had met the Patwari. They had entered into a conspiracy. They further joined Baldev Singh, Deed -writer and forged the will dated 15.1.1987. They even forged the signatures of Sher Singh (since deceased).