JARNAIL KAUR Vs. JORA SINGH

JUDGEMENT

(1.) The present appeal is directed against the concurrent findings of facts and law, whereby, appellant-plaintiffs being daughters of Joginder Singh have not been successful in claiming the possession and declaration challenging the decree dtd. 31/7/1992 in respect of land measuring 46 kanals 8 marlas situated in village Aklia I and II and as well as registered Will dtd. 23/7/1979 executed in favour of the defendants, who were none-else but brothers.

(2.) It was alleged that fraud was played upon Joginder Singh by the defendants, resulting into passing of the decree. He could not have executed the Will. The Will was suffering from suspicious circumstances and therefore, Joginder Singh deemed to have died intestate. In such circumstances, claimed the possession having a right in the suit property.

(3.) The defendants opposed the suit and submitted that Joginder Singh was alive almost for 16 years after execution of the Will and died in the year 1995. The Will was not forged and fabricated but registered document and mutation was also sanctioned on the basis of the aforementioned document.