HARBHAJAN KAUR Vs. TEJINDER SINGH

JUDGEMENT

(1.) Plaintiff is in regular second appeal against the concurrent judgments and decrees passed by the Courts below.

(2.) Plaintiff filed a suit for declaration and permanent injunction to the effect that she is in exclusive possession of the suit property on the basis of Will dated 18.12.2001 executed by Teja Singh in a sound disposing mind during his life time. Plaintiff also challenged the order dated 17.03.2003 in respect of mutation No. 1257 of village Khusropur and order dated 30.12.2002 regarding mutation No. 2034 of village Sansarpur, Tehsil and District Jalandhar passed by the Assistant Collector, IInd Grade, Jalandhar being ex parte, illegal and against the principles of natural justice. Plaintiff also sought restraint against the defendants from interfering in her peaceful possession over the suit property. The suit was filed through general power of attorney namely Harpreet Singh.

(3.) Defendant No. 1 contested the suit. The suit was dismissed qua defendant No. 2 under Order 9 Rule 2 CPC on 07.01.2008 and the plaintiff withdrew the suit against defendant No. 3 by making a statement on 21.07.2006. Defendant No. 1 contested the suit on all grounds denying the Will dated 18.12.2001 allegedly executed by Teja Singh. Even the title of Teja Singh was denied. Defendant No. 1 claimed that the house is ancestral house which was inherited by Teja Singh from his forefathers and the same being ancestral had devolved upon all the coparceners to the extent of their shares. Defendant No. 1 contested the plea of Teja Singh being exclusive owner in possession of the suit property. The property as shown in headnote 'B' was purchased by Dalip Kaur wife of Teja Singh vide registered sale deed dated 29.12.1970 and after her death, the same was devolved upon her legal heirs. On this premise, it was claimed that the plaintiff cannot claim the house to be owned and possessed by Teja Singh. The suit properties as shown in headnote 'C' and 'D' were illegally added in the suit. The agricultural land was ancestral in nature and the same had devolved upon Teja Singh in inheritance from his forefathers, therefore, every coparcener had a right by birth and Teja Singh alone was not competent to execute any Will in respect of property in question. Defendants No. 1 and 2 claimed themselves to be sons of Teja Singh and coparceners in the ancestral property situated in the revenue estate of village Sansarpur. Teja Singh was joint in mess with the answering defendant No. 1 and answering defendant was looking after the deceased at the time of his death. Strained relations of defendant Nos. 1 and 2 with Teja Singh were denied and it was also denied that Teja Singh was not having speaking terms with his sons.