HARPRABH MAHAL SINGH Vs. HARJINDER KAUR

JUDGEMENT

(1.) This judgment shall also dispose of Regular Second Appeal No. 1331 of 1982 as the questions of law and fact are common in both the cases.

(2.) The conspectus of facts as stated by the plaintiffs through their next friend is that the plaintiffs sought a decree for possession of the demised property of Harmohinder Singh in villages Mahalon. Barnala Kalan and Jalandhar. He died on July 22, 1976 and was the last male owner of the property in dispute. The plaintiffs are his sons through his wife Balbir Kaur. It was claimed that Harmohinder Singh deceased executed the Will dated July 17, 1976 during his life time bequeathing his entire estate in their favour and Harjinder Kaur and her daughter Baljit Kaur are in illegal possession. There is no Will in their favour and if there is any one, it is fictitious and bogus document. The deceased was having strained relations with defendant Harjinder Kaur since long and he obtained a decree of divorce against her on Jute 29, 1966, from the Court of the District Judge, Jalandhar the marital status of Harjinder Kaur was challenged.

(3.) The suit was contested. The plaintiffs relationship with deceased Harmohinder Singh as being his sons was denied. Baljit Kaur was stated to be the daughter of Harmohinder Singh through his wife Harjinder Kaur. The estate of the deceased was claimed by the defendants through the registered Will dated Dec. 11, 1975, executed by the deceased bequeathing his estate in their favour. Will dated July 17, 1976 claimed by the plaintiffs was challenged as being forged document. The factum of decree of divorce was denied and alternatively it was pleaded that it was obtained by undue influence on Harmohinder Singh during Balbir Kaur's whorish relationship with the deceased. Harjinder Kaur had gone to her parents house during the period Balbir Kaur stayed with the deceased. Harjinder Kaur had also obtained a declaratory decree to the effect that Balbir Kaur was not the legally wedded wife of Harmohinder Singh. During the above proceedings, Harmohinder Singh had admitted the claim of Harjinder Kaur and denied his matrimonial relationship with Balbir Kaur. Numerous criminal cases were got registered against the defendants by Balbir Kaur including the one at Police Station Nawanshahr, under Sec. 364 of the Indian Penal Code i. e. abduction of the deceased and one for murder of the deceased by the defendants at Chandigarh. Balbir Kaur took out search warrants on Dec. 29, 1975 from the Court of the Magistrate, Nawanshahr, against the defendants for wrongfully confining the deceased. Similarly Ajit Singh Step-brother of the deceased in conspiracy with Balbir Kaur took the search warrants against the defendants for the assumed illegal detention of the deceased by the defendants. Decree to the extent of one-fourth share in favour of Balbir Kaur was also challenged, One Bakhshish Singh was said to be in possession of land in villages Barnala Kalan and Mahlon since the life time of the deceased as Pattedar. It was averred that the suit for possession with respect to the property at Jalandhar was withdrawn without the permission to file a fresh one. The deceased remained with the defendants before his death and was got treated in P. G. I. by his daughter Baljit Kaur.