SARUP KAUR Vs. PURAN SINGH AND OTHERS

JUDGEMENT

(1.) Appeal has been filed against judgment and decree dated 28.10.2015 passed by the learned Addl. District Judge, SBS Nagar upholding the judgment and decree dated 05.02.2014 passed by the learned Civil Judge (Jr. Div.), SBS Nagar dismissing the suit filed by the appellant plaintiff.

(2.) Brief facts of the case leading to the filing of the instant appeal are that the appellant/plaintiff filed a suit for declaration to the effect that she was owner in joint possession of land measuring 18 kanals 0 marla out of total land measuring 24 kanals 0 marla on the basis of Will dated 201.1995 executed by Charan Singh (since deceased) as more fully detailed in the head note of the plaint. The appellant/plaintiff also sought consequential relief of permanent injunction restraining the respondents/defendants from alienating, mortgaging and transferring the suit property forcibly and in the alternative, for joint possession of land measuring 18 kanals out of the suit property on the ground that her father-in-law Charan Singh had bequeathed her 18 kanals 0 marla for looking after him during his lifetime vide Will dated 201.1995 in sound disposing mind and she was put in physical possession of said 18 kanals of land. The appellant/plaintiff claimed that the respondents/defendants were strangers to the suit property and were threatening to interfere and dispossess her from the same and that they had blatantly refused to admit her claim qua the suit property, therefore, she had been constrained to file the civil suit.

(3.) Respondents/Defendants in their respective written statements took the preliminary objections as regards locus standi, cause of action, estoppel, acquiescence and non-maintainability of the suit, suit being barred by limitation as well as suppression of material facts by the appellant/plaintiff. It was further contended that appellant/plaintiff had never served Charan Singh during his lifetime and Charan Singh (since deceased) had never executed any Will in favour of the appellant/plaintiff and that Will dated 22.01.1995 propounded by the appellant/plaintiff was a false and fictitious document and a result of fraud and misrepresentation and was prepared by the appellant/plaintiff in connivance with the scribe and convenient witnesses. It was further stated that the alleged Will did not even bear the thumb impression of the deceased Charan Singh and in fact it was the respondents/defendants who had served Charan Singh (since deceased) till his death and not the appellant/plaintiff. From the pleadings of the parties, the following issues were framed:-