BHAGWAN KAUR Vs. MALWINDER SINGH

JUDGEMENT

(1.) MRS .

(2.) PLAINTIFF Malwinder Singh filed a suit for declaration to the effect that he was the owner in possession of the suit property and for permanent injunction restraining defendant No. 1-appellant from interfering into the suit land. The suit of the plaintiff was decreed by the Sub Judge (Ist Class) Barnala vide judgment and decree dated 4.1.1991 and in appeal, the same were upheld by the Additional District Judge, Barnala vide judgment and decree dated 9.5.1995. Hence, the present appeal.

(3.) DEFENDANT Bhagwan Kaur pleaded that deceased Pritam Singh had in fact executed 'Will' dated 14.10.1985 in her favour resulting into cancellation of 'Will' which he had executed in favour of the plaintiff. She also controverted other facts which figured in the plaint and asserted that she had never left her husband after induction of Manjit Kaur with whom he otherwise could not marry during the life time of his first wife and added that she was turned out of the house under threat only after last rites of deceased Pritam Singh had been performed by her. She denied have received any maintenance allowance of Rs. 5000/-. She also in addition asserted her possession over the suit property. On the pleadings of the parties, following issues were framed by the trial Court :-