SURJIT KAUR (SINCE DECEASED) Vs. SUKHDEV SINGH

JUDGEMENT

(1.) The present appeal directs challenge against concurrent findings recorded by the courts whereby suit for declaration and possession filed by the appellant (since deceased) represented by her LRs was dismissed by the trial court vide judgment and decree dated 29.11.2011 and appeal preferred by unsuccessful plaintiff-appellant did not find favour with the Court of Additional District Judge, Bathinda.

(2.) The present lis pertains to inheritance to estate of Sh. Bhola Singh and Smt. Kartar Kaur, widow of Bhola Singh. Surjit Kaur plaintiff (since deceased) is the daughter of Bhola Singh and Kartar Kaur. She claimed /rd share in the suit land on the basis of natural succession to Sh. Bhola Singh which was inherited by Kartar Kaur, the plaintiff, Sukhdev Singh defendant No. 1 and Malkiat Kaur represented by her sons Jagroop Singh and Darshan Singh defendants No. 3 and 4 respectively. It is averred that Bhola Singh died on 13.8.1976. Defendant No. 1 alleges that Bhola Singh executed Will dated 7.8.1976 in favour of defendants No. 1 and 2 and Kartar Kaur widow of Bhola Singh. The said Will is a forged and fabricated document. Mutation sanctioned on the basis of Will is liable to be set aside and is not binding upon right of the plaintiff. Kartar Kaur died on

(3.) Counsel for the appellant would urge that contesting defendants failed to prove Will dated 7.8.1976 in accordance with law. There is no evidence on record that Bhola Singh executed the Will in sound disposing mind. As the plaintiff-appellant is the daughter of Bhola Singh, there was no reason for the deceased to exclude her from inheritance. It is vehemently argued that the courts have failed to appreciate factual and legal aspects involved in the case correctly, therefore, findings recorded by the courts are liable to be set aside.