SARDARA SINGH Vs. SADHU SINGH

JUDGEMENT

(1.) THE dispute is regarding the estate of Bishan Singh who bad died leaving behind 57 Bighas and 9 Biswas of land, He was initially married to Smt. Har kaur. Three sons, viz. Sadhu Singh, Darshan Singh and Kesar Singh were born out of his wedlock. After the death of Har Kaur, Bishan Singh had got married to Smt. Kartar Kaur. Four sons were born out of this wedlock. On January 31, 1967, Bishan Singh passed away. The two sons and the legal representatives of the third son Kesar Singh-the offspring of Bishan Singh through his first wife-Har Kaur - filed a suit? or 3/8th share of the lard left behind by their father. Kartar Kaur, the second wife the four sons born through her were impleaded as the defendants. It was claimed by the plaintiffs that the defendants had forcibly taken possession of the suit land on the basis of will which was a forged document.

(2.) THE defendants contested the claim of the plaintiffs and pleaded that Bishan Singh had only one wife, namely, Kartar Kaur. He had never married Har Kaur. He had executed a valid will on September 11, 1966. On the basis thereof, the defendants had rightly succeeded to the property and got its possession. They also averred that vide order dated March 25, 1970, the Assistant Collector 1st Grade had sanctioned the mutation of the land in' favour of defendant Nos. 1 to 4.

(3.) THE litigation having taken a long time, certain persons had expired during the pendency of the appeal. Their legal representatives were impleaded through different orders of the Court.