ANGREJ KAUR Vs. SUKHVEER SINGH

JUDGEMENT

(1.) THIS second appeal under Section 100 CPC is directed against the judgment and decree dated 13.7.2011 passed by the Additional District Judge No. 2, Sriganganagar, whereby the judgment and decree dated 20.1.2007 passed by the Civil Judge (Jr. Div.) No. 1, Sriganganagar has been upheld.

(2.) THE facts in brief may be noticed thus: the plaintiffs -appellants filed a suit for declaration of will dated 17.4.1991 as void and ineffective qua their interest with the averments that the plaintiffs were wife and daughter of one Jasveer Singh, who in -turn was son of Chanan Singh, who had large number of joint family property, the said properties were undivided; Jasveer Singh, husband of appellant No. 1 and father of appellant No. 2 had died on 23.12.1984 and after death of Chanan Singh on 4.11.1991, the suit property was mutated in the name of Sukhveer Singh, who was great grand son of Chanan Singh based on a will dated 17.4.1991 said to have been executed by Chanan Singh. The will was questioned essentially on the ground that the entire property was bequeathed to only great grand son and there was no reference to the plaintiffs. Further the will was got registered after death of said Chanan Singh on 4.11.1991 before Sub -Registrar at a place different from where the same was claimed to have been executed. It was also objected that the suit property being joined Chanan Singh could not have executed a will qua the joint properties.

(3.) THE defendant filed revision petition before this Court wherein the trial court was directed to frame issue regarding the validity of the compromise and keep in view provisions of Order XXXII, Rule 7 CPC.