AVTAR SINGH Vs. BHAGI

JUDGEMENT

(1.) BRIEFLY put, the plaintiff filed a suit to the effect that she is owner in possession of land measuring 17 Bighas 18 Biswas as detailed in the heading of the plaint and further sought the relief of permanent injunction restraining the defendants from dispossessing from the suit land forcibly. The case of the plaintiff was that Sarwan Singh, husband of the plaintiff, was owner of the land in dispute, Sarwan Singh died on December 3, 1976 leaving behind plaintiff as his only legal heir and successor. Accordingly, the plaintiff took possession of the suit land and started cultivating the same through her tenant Joginder Singh. Since the plaintiff's claim being widow of the deceased Sarwan Singh as well as her right to succeed was being contested on the basis of Will by the defendants; hence this suit.

(2.) THE defendants put in appearance and filed written statement. They admitted that Sarwan Singh was owner in possession of the suit land. He was their maternal uncle. According to defendants, Sarwan Singh was living with them and they, in fact, had been looking after him during those days. It is further the case of the defendants that Sarwan Singh executed a registered Will on 29. 9. 1975 in favour of the defendants and hence they are owners in possession of the suit land.

(3.) ON the pleadings of the parties, following issues were framed :-