RATTAN SINGH AND OTHERS Vs. GURMIT SINGHAND OTHERS

JUDGEMENT

(1.) In nutshell, the facts of the case are that Gurmeet Singh -minor son, Smt.Rajinder Kaur - widow, Paramjit Kaur and Pal winder Kaur - major daughters, Sukhwinder Kaur and Balwinder Kaur - minor daughters of Jassa Singh son of Natha Singh, residents of village Udhowali Khurd, Tehsil Batala had brought a suit against defendants Ajit Singh and his major sons namely Rattan Singh and Rachhpal Singh, minor son - Balkar Singh and Smt.Jeeto daughter of Natha Singh, seeking a joint possession of 1/6 share of land measuring 54 kanals 10 marl as as mentioned in the jamabandi for the year 1979-80 situated at village Udhowali Khurd, H.B. No.374 Tehsil Batala.

(2.) For better understanding of the relationship between the parties inter se, the following pedigree table has been drawn in the judgment of the trial Court, which is being reproduced as under:

(3.) As per version of the plaintiffs, Natha Singh deceased was owner of 1/2 share in the suit land measuring 54 kanals 10 marlas; Natha Singh had died on or about 25.1.1984 leaving behind Ajit Singh as his son, Smt.Jeeto as his daughter and the plaintiffs as legal heirs of his pre deceased son Jassa Singh, in that way, plaintiffs are entitled to l/3rd share in the estate of the deceased; that defendants No.2 to 4 alleged that Natha Singh had executed some will in their favour, which fact is totally wrong because Natha Singh had not executed any valid will during his life time in favour of defendants No.2 to 4 and even if any such will is set up by defendants No.2 to 4, the same is void and illegal in the eyes of law since the suit land was joint Hindu family ancestral coparcenary property qua the plaintiffs and deceased Natha Singh; that the defendants are in illegal possession of the share of the deceased after his death; when the defendants failed to admit the claim of the plaintiffs, they brought the suit in question in the Civil Court at Batala.