BEANT KAUR Vs. INDER PAL SINGH RANA

JUDGEMENT

(1.) The plaintiffs' suit, for, rendition of a decree for declaration, and, also for rendition of a decree, for permanent prohibitory injunction, stood, under concurrently recorded verdicts, hence, decreed by both the learned courts below. The defendants/appellants herein are aggrieved therefrom, hence, institute the instant appeal before this Court.

(2.) Briefly stated the facts of the case are that one Smt. Karam Kaur, widow of Sh. Moti Singh was owner in possession of the suit land detailed in the plaint. After the death of Moti Singh his estate vested in Karam to the extent of  1/2 share and in Smt. Shardi widow of Sh. Moti Singh, predecessor-in- tile of the plaintiffs, and, after death of Shardi, her estate was inherited by son of Smt. Jit Kaur, plaintiffs No.1 to 3 and Sh. Surinder Pal Singh Rana. Sh. Surinder Pal Singh Rana died and his estate vested in his widow Smt. Paramjit Kaur, daughter Ekta Rana and Angad Singh. Plaintiffs No. 1 to 3 and their brother Sh. Surinder Pal Singh Rana had been serving, looking after and managing the estate of Smt. Karam Kaur. The plaintiffs are the successors of Smt. Jit Kaur daughter of Shardhi. Smt. Karam Kaur executed a will of her estate in favour of plaintiffs No.1 to 3 on 21.9.1981 to the extent of  ? share and got the same registered. Shri Surinder Pal Singh Rana died. Smt. Karam Kaur came to village Jagatpur to join a function of retirement of Sh. Avtar Singh. Sh. Raminder Pal Singh son of Plaintiff No.1 accompanied her from Kiratpur Sahib to Jagatpur and stayed in her home. Smt. Karam Kaur executed her last will on 31.1.1997 in faovur of the plaintiffs to provide for inheritance of her estate of the share of Surinder Pal Singh Rana. Smt. Karam Kaur died on 2.2.1997 and her last rites were performed by plaintiff No.1. The estate of Smt. Karam Kaur vested in the plaintiffs to the extent of  ? share each. The defendants fabricated a will on 27.1.1997 alleged to have been executed by Smt. Karam Kaur which is the result of forgery and in alternative has been fabricated by way of mis-representation and fraud. The mutation had been sanctioned in favour of defendant No.1, at the instance of defendant No.2, who was working in the office of SDO (Civil) Nalagarh. The plaintiffs are owners in possession of the land in suit and the defendants are threatening to interfere with the possession of the plaintiffs over the land in suit. So, the plaintiff filed the suit for declaration that they were owners in possession of the land in suit and the entries in the revenue record are wrong, illegal, void, invalid, malafide along with a decree for permanent injunction restraining the defendants from forcibly dispossessing and interfering in the possession of the plaintiffs over the land in suit.

(3.) The defendants contested the suit and filed written statement, wherein, it has been averred that Smt. Karam Kaur was the widow of Sh. Moti Singh. The plaintiffs did not have any concern with Smt. Karam Kaur and she was not being served by the plaintiffs. Smt. Karam Kaur used to reside in village Joghon and was patient of paralysis. The defendants were serving her and her last rites were performed by the defendants. The mutation of the estate of Smt. Karam Kaur had been attested in the names of the defendants on the basis of Will dated 27.1.1997 executed by Smt. Karam Kaur in favour of defendant No.1. Smt. Karam Kaur had executed her last will in favour of defendant No.1 The alleged Will dated 21.9.1981 and 31.1.1997 were manipulated. The mutation had been validly attested in favour of the defendant No.1. The defendant No.1 was absolute owner in possession of the suit land.