SMT. GURMIT KAUR Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS regular Second Appeal is directed against the judgment and decree dated 17.3.1983 passed by the Addl. District Judge, Gurdaspur dismissing the appeal filed by the present appellant against the judgment and decree dated 5.4.1982 passed by Sub -Judge, 1st Class, Gurdaspur.

(2.) BRIEFLY stated facts as emerge from the record are that Santa Singh and Buta Singh had 1/3rd share in the land comprising various khasras situated at Village Dhamrai The & District Gurdaspur as recorded in the jamabandi for the year 1978 -79. Santa Singh died and his share devolved upon his widow namely Harbans Kaur. Present appellant Gurmit Kaur is daughter of Santa Singh and Harbans Kaur. After the death of Harbans Kaur, appellant filed a suit for declaration claiming the share of Santa Singh/Harbans Kaur in the suit land on the strength of the Will dated 14.7.1980. She also sought an injunction against defendant respondent Mohinder Singh, who is son of Buta Singh brother of Santa Singh her father, seeking to restrain him from interfering in her possession over the land. The respondent while disputing the right of the plaintiff appellant claimed himself to be owner of the suit land on the basis of a registered will dated 7.7.1980, said to be executed by Harbans Kaur in his favour.

(3.) The trial Court accepted the genuineness of the Will dated 7.7.1980 allegedly executed by Harbans Kaur in favour of respondent Mohinder Singh and disbelieved the Will allegedly executed by Harbans Kaur in favour of the plaintiff appellant on 14.7.1980. It is also not in dispute that Will executed in favour of respondent Mohinder Singh is registered one whereas the Will said to be executed in favour of the appellant is unregistered; The trial court accordingly, vide its judgment and decree dated 5.4.3982 dismissed the suit. Even, the possession of the plaintiff over the suit land was not protected by the trial court after returning the findings that the plaintiff has not been able to prove her possession over the suit property. Plaintiff accordingly preferred an appeal in me court of Addl. District Judge, Gurdaspur by impugning the judgment dated 5.4.1982 of trial Court. The Appellate Court concurred with the findings recorded by the trial court on the validity/genuineness of the Will in favour of respondent as also the Will claimed to be executed in her favour by the appellant. The appeal was accordingly dismissed.