GURDEV SINGH AND ONOTHER Vs. SHANTI AND OTHERS

JUDGEMENT

(1.) The appeal here arises from an inter-pleader suit filed by the tenant seeking to know who to pay rent to, for the land held by them. In other words, who succeeds to the land in suit after the death of Punjab Kaur the last owner thereof.

(2.) The said Smt. Punjab Kaur died issueless, but leaving behind two sets of claimants to her land, one; Smt Shanti and Smt. Basant Kaur her late husband's sisters, by virtue of being her preferential heirs and the others; Gurdev Singh and Mann Singh her sister's sons who propound a registered will, Ex. D/1 in their favour and rest their claim upon it.

(3.) According to both the trial Court as also the lower appellate Court, due execution of the will had not been proved and therefore, it was Smt. Shanti and Smt. Basant Kaur, the sisters of Punjab Kaur's late husband Bhola Singh who were entitled to succeed to her property and they were thus the owners of the land in suit.