HARDEV SINGH Vs. FAQIR SINGH AND OTHERS

JUDGEMENT

(1.) Briefly stated, the facts of the case are that Faqir Singh along with 11 other plaintiffs had brought a suit against Hardev Singh, Tehal Singh, Inder Singh sons of Nand Singh and Smt.Manglan alias Surjit Kaur widow of Nand Singh, all residents of village Khurdpur, Tehsil and District, Jalandhar seeking joint possession of 4/5th share of 4663/12408 share of Daulat Ram, deceased, in land measuring 77 kanals 11 marlas situated at village Dagana Kalan as per jamabandi for the year 1984-85, fully described in head-note of the plaint. The relationship of the parties inter se and with the deceased has been illustrated for better understanding by way of pedigree table, which is as under:

(2.) As the case of the plaintiffs goes, Daulat Ram had five sisters; he had not contracted a second marriage and was residing in his own house at village Dagana; three sisters of Daulat Ram, namely, Kartar Kaur, Jai Kaur and Shanti had pre-deceased him, whereas Smt.Banti another sister of Daulat Ram died in March, 1986 and she was succeeded by her only son, namely, Sharo - plaintiff No.9; plaintiffs No.1 to 5 i.e. Faqir Singh, Rattan Singh, Wattan Singh, Darshan Singh - sons and Smt.Swaran Kaur - daughter are legal heirs of Jai Kaur, whereas plaintiffs No.6 to 8 i.e. Karam Singh, Ajit Singh sons of Sant Singh and Smt.Bachan Kaur wife of Chanan Singh daughter of Sant Singh are legal heirs of Smt.Kartar Kaur, whereas plaintiffs No.10 to 12 i.e. Shankar Singh, Chandan Singh and Ajit Singh sons of Nand Singh are legal heirs of Smt.Shanti; that Daulat Ram had cordial relations with his sisters and he used to visit all of them treating them equally; Daulat Ram died on 18/8/1984 at village Khurdpur where he had gone to see his sister Surjit Kaur alias Manglan - defendant No.4; that Daulat Ram had executed a Will dtd. 13/6/1984 bequeathing his estate in five equal shares giving 2/5 shares to his living sisters Surjit Kaur and Banti, whereas 1/5th share each to the branch of his deceased sisters in sound disposing mind; Sumittar Singh is the wife's brother of Hardev Singh; a power of attorney is alleged to have been executed by Daulat Ram deceased in favour of Sumittar Singh for the purpose of management of his estate and under the garb of that power of attorney, the will has been got fabricated allegedly executed by Daulat Ram in favour of defendant No.1 - Hardev Singh; as a matter of fact, it is a forged and fabricated document; Daulat Ram was totally illiterate and he used to put his thumb impressions. On the other hand Hardev Singh was in Army, as such he did not serve Daulat Ram deceased and there was no occasion for the latter to execute any will in favour of the former excluding all his other legal heirs; that Assistant Collector Ist Grade, Hoshiarpur has wrongly sanctioned the mutation on the basis of will set up by defendant No.1 on 22/4/1985. According to the plaintiffs, the order of Assistant Collector Ist Grade, Hoshiarpur is null and void. The defendants were called upon to admit the claim of the plaintiffs but to no effect, as such they brought the suit in the Court.

(3.) On being put to notice, only defendant No.1 appeared and filed written statement contesting the suit whereas the remaining defendants did not appear despite service and as such were proceeded against ex parte.