SOHAN SINGH Vs. BAKHSHISH KAUR

JUDGEMENT

(1.) PLAINTIFF Gurmail Singh alias Gholi (since deceased and represented by respondent Nos. 1 to 3 in this appeal) filed the present suit for declaration with the consequential relief of injunction in respect of the property in dispute against Taro widow of Rawal Singh (since deceased and represented by the appellants in this appeal) and others. In other to understand the facts of the case, the pedigree table of the parties to the suit is given as under :-

(2.) WHETHER the mutations No. 5531 and 5532 sanctioned on 19.6.1987 are illegal and void ? If so, its effect ? OPP.

(3.) WHETHER Ishar Singh executed a valid will in sound disposing mind in favour of Taro defendant No. 1 on 13.4.1962 ? If so, its effect ? OPD." Under issue No. 1, the trial Court held that the plaintiff has total 2/15 shares in the suit property and decided this issue accordingly. Issue No. 2 was decided against the defendants and in favour of the plaintiff. Issue Nos. 3 and 4 were discussed together and were also answered against the defendants and in favour of the plaintiff. In view of its findings on the afore-mentioned issues, the trial Court decreed the suit of the plaintiff to the effect that he is owner to the extent of 2/15 shares only of the entire suit land measuring 85 Kanals 5 Marlas detailed and described in the heading of the plaint and the mutation Nos. 5531 and 5532 are null and void. The plaintiff was further held entitled to the consequential relief of injunction restraining the defendant No. 1 from alienating the share of the plaintiff in the suit land.