VED PARKASH Vs. BUTA SINGH & ORS.

JUDGEMENT

(1.) - Vide this common judgment, RSA No. 1556 of 2015 titled as Ved Parkash Vs. Buta Singh & Ors. and RSA No. 3005 of 2015 titled as Chhoto Kaur and Anr. Vs. Buta Singh & Ors. are being decided. Since, both the aforesaid appeals have arisen from common judgments and decrees passed by the lower Appellate Court, therefore, common facts are being recorded. Plaintiffs Buta Singh and Sukhjit Singh filed suit for declaration that they are owners in possession of suit land to the extent of ⅛th share of total land measuring 277 Kanals 3 Marlas as shown in the plaint. Plaintiffs further alleged that Jasmel Kaur had executed a Will dated 15.12.2001 in favour of plaintiffs and they are entitled to the land in question and mutation thereof, is required to be entered and sanctioned in their favour in pursuance of the aforesaid Will. The entry of mutation No. 4455 in the revenue record is result of fraud and is liable to be corrected as the plaintiffs alone are entitled to be declared as owners in possession of land to the extent of ⅛th share out of total land. Plaintiffs are in cultivating possession of the suit land without their being any interruption for the last 20 years and, therefore entries in the revenue record are liable to be declared as null and void. Taking undue advantage of the revenue entries, defendants are trying to alienate the suit land. With this background, suit in question came to be filed.

(2.) The suit has been contested by the defendants. Plea of plaintiffs being owners in possession has been denied. It has been stated that the defendants No.1 and 2 along with their brother Natha Singh are owners in possession in equal shares and mutation has been rightly sanctioned by discarding the alleged Will dated 15.12.2001. Defendants alleged that Jasmel Kaur never executed any alleged Will dated 15.12.2001 in favour of the plaintiffs and same is illegal and fraudulent.

(3.) Parties went to trial on the following issues:-