MALKIAT KAUR Vs. BANT SINGH

JUDGEMENT

(1.) Pir Buksh was the owner of the land in dispute on whose death his widow Mukhtiar Kaur succeeded. She died on 6th April, 1956. Bant Singh plaintiff filed a suit claiming one-third share in the land measuring 76 Kanals 15 Marlas vide registered Will dated 30th January, 1969 by her and claimed himself to be Pir Buksh's son. The validity and legality of her Will dated 4th April, 1969 in favour of defendant No. 1 was challenged. It was averred that in the suit filed by Hakam Singh against the plaintiff as well as the defendant, claiming title to the property in dispute, the Will dated 30th January, 1969 in favour of the plaintiff was found to be valid, the will dated 4th April, 1969 in favour of the defendant invalid and resultantly the suit of Hakam Singh was dismissed. No appeal against the said judgment and decree was preferred. It was contended that since it was necessary to determine the validity of the two Wills on the basis of which the defendants in a suit filed by Hakam Singh were claiming their rights, and in order to give relief to Hakam Singh, the issue between the co-defendants, the present plaintiff and the defendant-appellant, was determined finally and it operated as resjudicata.

(2.) The defendant-appellant controverted the said allegations, claimed herself to be the adopted daughter of deceased Mukhtiar Kaur, on the basis of adoption as well as by treatment as daughter, and claimed the property in view of Will dated 4th April, 1969. The validity of the Will in favour of the plaintiff was challenged.

(3.) The following issue, which was treated as preliminary, was framed by the trial Court :-