DHAN KAUR Vs. PARKASH SINGH

JUDGEMENT

(1.) THE plaintiff is in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court, whereby the suit for declaration claiming the estate of Havaldar Chanda Singh, on the basis of natural succession was dismissed in appeal.

(2.) THE plaintiff-appellant filed a suit for declaration to the effect that she is owner in possession of 1/2 share in the disputed land measuring 125 kanals 10 marlas and that the defendants be restrained from interfering in her possession in the suit land. The plaintiff claimed such declaration on the pleadings that Chanda Singh, her deceased husband was owner of 1/2 share of the suit land. Chanda Singh died on 10.12.1971 at the age of 70 years. He was survived by his wife, the present plaintiff. It was also pointed out that Harnam Singh, brother's son of the plaintiff was brought up by Chanda Singh in his childhood and was also married by Chanda Singh. After the death of Chanda Singh, the crop standing on the disputed land was looked after by the plaintiff and Harnam Singh aforesaid. The plaintiff claimed to have taken possession of the disputed land as also the house and movable property left by Chanda Singh, after his death on the basis of Will dated 10.11.1971. The mutation of the estate of Chanda Singh was sanctioned in their favour. The said Will is said to be forged and fabricated document. It was pointed out that no provision has been made in the impugned Will for the maintenance of the plaintiff as well as Harnam Singh. Chanda Singh fell ill after 5.10.1971 and remained as such till his death and was not in sound and disposing mind till his death.

(3.) IN order to prove the Will, the defendants examined-DW1-Surinder Kumar Scribe and DW2 Sadhu Singh, an attesting witness. The Will dated 10.11.1971 was produced as Exhibit D.1. In rebuttal, the plaintiff examined PW1 Jaswant Singh, Head Master of the Government School Kokri Butran, who has deposed that Harnam Singh studied in the school from 20.6.1951 to 31.3.1954. He was admitted by Chanda Singh vide admission form Exhibit P.2. The relevant entry in the School record is Exhibit P.1. He has also deposed that the original admission form regarding admission of Harnam Singh was signed by Chanda Singh. Balwant Singh PW2 has deposed that Chanda Singh was Vice President of the Village Gurdwara Committee and he used to sign the proceedings of the said committee conducted between 6.8.1963 to 15.5.1971. PW4-Chanan Singh and PW5- Mukhtiar Singh have deposed that Chanda Singh remained ill for about two to four months prior to his death. PW6-Bikar Singh is a clerk in the Govt. School Talwandi Malian. He has produced the record to prove that admission form Exhibit PW6/1 was signed by Chanda Singh, deceased in Punjabi. PW8-K.K. Sood, Sub Post Master, Kokri Butran, deposed that Chanda Singh drew his last pension on 5.10.1971.