GAJJAN SINGH Vs. SANT KAUR ALIAS JASWANT KAUR

JUDGEMENT

(1.) THIS is a defendant's second appeal. The facts giving rise to the filing of this appeal are as under :

(2.) SANT Kaur alias Jaswant Kaur filed a suit for possession of land measuring 47 Kanals 15 marlas and for a declaration that she was the owner of agricultural land measuring 12 kanals as detailed in sub-para (2) of Para 2 of the Plaint. The case of the plaintiff-respondent was that her father Kishan Singh, who died on 24th February, 1972, was the owner of the entire suit land. As his only daughter Harnam Kaur had pre-deceased him, the plaintiff- respondent who was her only child, had become the owner of the suit land. It was further alleged in the plaint that the defendant-appellant Gajjan Singh had put up a will dated 10th September, 1955 allegedly executed by Kishan Singh and on its basis he had got sanctioned a mutation with respect to the abovesaid land. It was pleaded that the aforesaid Will was a forged one and, as such, could not take away the rights of the plaintiff-respondent.

(3.) ON the pleadings of the parties, the trial court framed the following issues : 1. Whether the plaintiff is the daughter's daughter of deceased and, as such, has locus standi to file the present suit ? OPP. 2. Whether suit of the plaintiff regarding property in para Nos. 1 and 2 of the plaint, is barred by limitation, as alleged ? OPD. 3. Whether Kishan Singh deceased had executed a valid Will on 10.9.1955 in a sound and disposing mind in favour of the defendant ? OPD. 4. Whether the suit has been properly valued for the purpose of court fee and jurisdiction ? OPP