SURAT SINGH AND ORS. Vs. RAM MEHAR

JUDGEMENT

(1.) The present appeal directs challenge against the judgment and decree dtd. 18/10/2011 passed by the Additional District Judge, Jind whereby appeal against judgment and decree dtd. 30/9/2008 passed by the Additional Civil Judge (Senior Division), Safidon decreeing suit of the appellants-plaintiffs was accepted, judgment and decree impugned were set aside and suit filed by the appellants was dismissed whereas counter claim preferred by the respondent-defendant was allowed.

(2.) The present litigation pertains to inheritance to the estate of Ms. Phoola @ Phoolo daughter of Chandan son of Ganeshi and Smt. Patori @ Patora. Chandan died on 18/1/1972 and Smt. Patori @ Patora pre-deceased him. Chandan had only one daughter Smt. Phoola @ Phoolo.

(3.) The appellants-plaintiffs have claimed ownership of the suit land to the extent of 1/4th share of land measuring 106 kanal 4 marlas previously owned by Smt. Phoola @ Phoolo on the basis of Will dtd. 25/4/1979 purported to be executed by Smt. Phoola @ Phoolo who died on 29/4/1979. The appellants have also challenged mutation qua suit property in favour of Smt. Rajni by describing her as widow of Chandan when as a matter of fact, Smt. Patori @ Patora was the wife of Chandan and she died during life time of Chandan. It is averred that mutation qua inheritance to the estate of Sh. Chandan was to be entered and sanctioned in favour of Smt. Patori @ Patora in place of Smt. Rajni.