GURMINDER SINGH Vs. JASPAL SINGH AND OTHERS

JUDGEMENT

(1.) The appellant is the plaintiff, who after having lost before both the learned Courts below has filed this Regular Second Appeal. The parties shall be referred to as the 'plaintiff' and the 'defendants'.

(2.) This appeal emanates from the suit filed by the plaintiff for declaration and permanent prohibitory injunction against defendants No.1 and 2 and proforma defendants No.3 and 4. It was averred that Waryam Singh S/o Sh. Gainda Singh was the father of plaintiff and defendants No.3 and 4, was owner of the land comprised in Khata Khatauni No.37/61, Kite 4 measuring 28-7 bighas in village Bhungarni and was holding this property as coparcenary joint Hindu family property. In order to ensure that the property comes to his male issues, he made a gift in favour of his four sons on the basis of which mutation No. 262 was attested on 28.1973. Waryam Singh had another son Inderjeet Singh, who was bachelor and unfortunately expired and later on the wife of Waryam Singh i.e. mother of the plaintiff and proforma defendants No. 3 and 4 got the mutation of Inderjeet Singh reviewed in her name and she alone succeeded to his estate. It was averred that after the death of Waryam Singh, Smt. Surjeet Kaur was being looked after and maintained by all her sons and she would shower her love and affection on her sons equally and thus, there was no occasion for her to have executed a Will on 24.8.1994 in favour of defendants No.1 and 2, who was the sons of proforma defendant No.3.

(3.) The defendants No.1 and 2 resisted and contested the suit and denied that the suit land was coparcenary joint hindu family property. It was averred that Smt. Surjeet Kaur was being looked after till her death by these defendants and proforma defendant No.3 and plaintiff had never cared to look after and maintained her and was not having good relations with her.