PARAMJIT SINGH Vs. SARABJIT SINGH

JUDGEMENT

(1.) Appellants-plaintiffs have come up in appeal against the judgment and decree dated 23.05.2016, passed by the learned Additional Civil Judge (Sr. Divn.), Rupnagar, whereby the suit filed by the appellants-plaintiffs for joint possession has been dismissed and the judgment and decree dated 27.01.2017, passed by the Additional District Judge, Rupnagar, by which the appeal against the judgment and decree dated 23.05.2016, has been dismissed.

(2.) Plaintiffs were seeking relief of possession on the ground that they are resident of village Barri Rallon, Tehsil and District Ropar. Bakhtaur Singh had inherited the property from his father Munshi. After the death of Bakhtaur Singh, the property in dispute was inherited by his four sons, namely, Sohan Singh, Gurmail Singh, Ajmer Singh and Swaran Singh. For Subsequent orders see CM-14056-C-2017 Gurmail Singh (since deceased) was unmarried and issueless and he had been residing with the plaintiffs during his life time. Gurmail Singh died on 02.07.1999 in General Hospital, Sector 16, Chandigarh.

(3.) Defendants to Will dated 10.07.1997 alleged to have been executed by Gurmail Singh in favour of the defendants and the mutation has been allegedly and wrongly entered in favour of the defendants on the basis of the said alleged forged and fabricated Will dated 10.07.1997. Gurmail Singh deceased never resided together with the defendants nor he was ever joint in mess and boarding with the defendants. There was no occasion for Gurmail Singh to execute the alleged will in favour of the defendants. Even the last rites and bhog ceremony of deceased Gurmail Singh had been performed by the plaintiffs. No notice has been issued to the plaintiffs at the time of entering of the mutation in question or any other legal heirs of deceased Gurmail Singh and ex-parte mutation has been sanctioned in favour of the defendants at the back of the plaintiffs. An appeal filed by plaintiffs against the order dated 06.01.2009 before the Court of Assistant Collector, 1st Grade, Ropar, which was dismissed on 29.10.2010. Hence, the suit was filed.