JAGMANINDER KAUR Vs. RAJDIP KAUR ALIAS NITU

JUDGEMENT

(1.) This revision petition is directed against the order dated 11.12.1992 of Subordinate Judge, 1st Class, Chandigarh whereby an application dated 28.11.1992 moved by the plaintiff-petitioner seeking permission to adduce rebuttal evidence was declined.

(2.) Gurbachan Singh was the last male holder of the property in dispute. Plaintiff- Jagmaninder Kaur is his widow whereas Rajdip Kaur is the alleged adopted daughter of Gurbachan Singh died on 17.6.1988 at Chandigarh. He died issueless and only left behind the plaintiff as his widow. It seems that besides House No. 2227, Sector 21C, Chandigarh, the deceased owned some agricultural land. Mutation of that land was sanctioned in favour of the defendant as she had alleged that deceased Gurbachan Singh bequeathed his property in her favour ignoring the plaintiff. This gave rise to a dispute between the widow and alleged adopted daughter. Jagmaninder Kaur thus filed a suit against defendant-Rajdip Kaur for permanent injunction restraining the latter from alienating, transferring or in any way dealing with the property of the deceased, on the basis of the alleged Will. The plaintiff also alleged that she was not aware of any Will having been executed by her late husband in favour of the defendant and the Will, if any. was not a valid testament and the defendant is not entitled to succeed to the property or any part thereof until the validity of the Will is determined by a Court of competent jurisdiction.

(3.) The suit was resisted by the defendant by filing a written statement. The defendant claimed that she is the adopted daughter of late Gurbachan Singh and he bequeathed his property in her favour by a registered Will.