GURNAM KAUR Vs. AMARJIT KAUR

JUDGEMENT

(1.) Plaintiffs remained unsuccessful in the trial Court as well as in the first Appellate Court and they have filed the present appeal which has been directed against the judgment and decree dated 23.4.1997 passed by Additional District Judge, Gurdaspur, who affirmed the judgment and decree dated 22.10.1991 vide which the suit of the plaintiffs for possession was dismissed.

(2.) Some facts of the case can be noticed in the following manner:-Unsuccessful plaintiffs filed a suit for possession of the land fully described in the head-note of the plaint measuring 40 kanals 13 marlas on the allegations that the property in dispute was owned by one Rattan Singh son of Maghar Singh, resident of village Aujala. Rattan Singh owner had a son-in-law by the name of Rattan Singh son of Natha Singh. Rattan Singh, owner of the land, died in the year 1975. Jagir Kaur, defendant No. 2 is the daughter of Rattan Singh owner. The suit land was in possession of defendant No. 3. Plaintiffs Jarnail Singh, who is now being represented by Gurnam Kaur, Gur Iqbal Singh and Jagjit Singh, Phulwant Singh, Dilbagh Singh, Rachpal Singh and Jaspal Singh are the grandsons of Rattan Singh owner. Defendant No. 1 Amarjit Kaur claims that she is the daughter of Joginder Singh, pre-deceased of Rattan Singh owner. The case set up by the plaintiffs before the trial Court was that Rattan Singh owner had executed,a valid Will in their favour on 4.3.1971 and on the basis of that Will they have become the owners of the property and thus they are entitled to the possession of the said property.

(3.) The above pleadings of the parties gave rise to the following issues:-