RAM KAUR Vs. GENERAL PUBLIC

JUDGEMENT

(1.) ISHAR Singh was the owner of a number of immovable properties including plot No. 66-67 and the house constructed thereon situated in Kamla Nagar, Hisar. It is not disputed that the aforesaid Ishar Singh did not have a natural born child. It is also not disputed that his wife had pre-deceased him. The case set up by the petitioner, who is the sister of said Ishar Singh, is that during his life time, Ishar Singh lived with her, and in lieu of the services rendered by her, he executed a Will dated 23.5.1998 in her favour in respect of plot No. 66-67 and the house constructed thereon, situated in Kamla Nagar, Hisar. After the execution of the aforesaid Will, Ishar Singh is stated to have died on 19.9.1998, whereupon the petitioner preferred a probate petition on 13.10.1998 claiming plot No. 66-67 and the house constructed heron, situated in Kamla Nagar, Hisar, on the basis of the Will dated 23.5.1998. In furtherance an application for an interim injunction moved by petitioner Ram Kaur along with the probate petition, status quo was ordered to be maintained in respect of the property in question.

(2.) INDERJEET Kaur is stated to be the adopted daughter of Ishar Singh. She lodged a first information report on 26.11.1998 against petitioner Ram Kaur alleging that Ram Kaur had forged the Will dated 23.5.1998 with the motive of grabbing the property of Ishar Singh.

(3.) IN furtherance of the first information report got registered on 26.11.1998 by Inderjeet Kaur against petitioner Ram Kaur, Sub Inspector, Civil Lines, Hisar, moved an application dated 18.12.1998, requesting for the release of the original Will in order to have the signatures of the testator Ishar Singh compared with his admitted signatures at the Forensic Science Laboratory, Madhuban. The request of the Sub Inspector, Civil Lines, Hisar, was contested tooth and nail by the petitioner, who feared that the Will might be tampered with if it was released by the Court, since the husband of Inderjeet Kaur i.e. Raminder Singh was alleged to be an extremely influential person. The District Judge, Hisar, vide his order dated 4.3.1999, directed that the Will be sent to the Forensic Science Laboratory, Madhuban, on the expenses of the prosecution. It is the order of the District Judge, Hisar, dated 4.3.1999, which is being impugned in the instant case by petitioner Ram Kaur.