JOGINDER SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS is defendant's regular second appeal. Plaintiffs filed a suit for declaration to the effect that they are owners of land measuring 252 kanals 13 marlas as described in Part A of the head of the Plaint and also sought possession of the land measuring 90 kanals 17 marlas shown in Part B of the heading of the plaint, which is also part of land measuring 252 kanals 13 marlas.

(2.) AS per the case of the plaintiffs Kirpal Singh alias Pala Singh, father of the plaintiffs and the defendants was owner of the suit land. He executed a will dated 29. 3. 1971 in favour of the plaintiffs and Smt. Chand Kaur his wife. Vide will Smt. Chand Kaur was given a limited estate which was to revert to the plaintiffs on her death. Since Smt. Chand Kaur has died, the plaintiffs have become the owners of the suit land and are entitled to get possession of land measuring 90 kanals 17 marlas which is in possession of Joginder Singh defendant No. 1.

(3.) ON the pleadings of the parties, issues with regard to the validity of the will as well as to the alleged family settlement set up by the defendant and other issues relating to non-joinder of necessary parties; whether defendant has become owner by adverse possession etc. were framed. Primarily the contest revolved around the validity of the will and the settlement set up by defendant No. 1 and whether all heirs including Joginder Singh have equal share in the property left by Smt. Chand Kaur.