RAJ KAUR Vs. MOHINDER KAUR

JUDGEMENT

(1.) THIS judgment shall dispose of regular second appeals bearing No. 2103 and 2104 of 1990 which are directed against the same judgment and decree of the Additional District Judge dated 2. 8. 1990.

(2.) SMT . Raj Kaur and Ors.-plaintiffs filed a suit for declaration to the effect that they are owners in possession of land as per details given in the head note of the plaint and the mutation sanctioned in favour of defendants 1 to 3 in null and void and does not affect the rights of the plaintiffs. According to the case set up by the plaintiffs one Harcharan Singh @ Mohan Singh, son of Mangal Singh resident of village Alampur Mandra was owner in possession of the suit land. He married Smt. Mohinder Kaur-defendant No. 1 and was blessed with two sons named Madusudan Singh and Sahib Singh. Harsharan Singh was not having good relations with Smt. Mohinder Kaur and so contracted a second marriage with plaintiff-Raj Kaur, who gave birth to two daughters, namely, Kiranjit Kaur and Nikki-plaintiffs 2 and 3 respectively. Harsharan Singh was murdered on 24. 3. 1984 by brothers of Mohinder Kaur-defendant and were convicted and sentenced by Special Court under Section 302 IPC. According to the plaintiffs the, deceased executed a valid will dated 12. 11. 1982 thereby bequeathing 80 kanals of land out of a total of 125 kanals 13 marlas in favour of Smt. Raj Kaur and divided the remaining amongst plaintiffs 2 and 3 and the defendants. Thus, the mutation sanctioned in favour of the defendants is liable to be set aside.

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