KARTAR KAUR Vs. KEWAL SINGH

JUDGEMENT

(1.) Unsuccessful Plaintiff Smt. Kartar Kaur has filed the present R.S.A. and it has been directed against the judgment and decree dated 9.9.1982 passed by the Court of Additional District Judge, Bathinda, who set aside the judgment and , decree dated 17.10.1978 passed by the Court of Sub Judge 2nd Class, Bathinda, who decreed the suit of Smt. Kartar Kaur, Plaintiff Appellant measuring 130 Kanals 18 Marlas, fully described in the head note of the plaint.

(2.) The pleadings of the parties can be summarised in the following manner:

(3.) The suit of the Plaintiff was contested by the Defendant on the grounds that during his life-time Surmukh Singh had mortgaged the suit property and it was redeemed by the Defendant on payment of the mortgage money by making payment to the various mortgagees. Kewal Singh Defendant set up a registered Will dated 5.1.1966 (Exhibit Dl) and asserted that Surmukh Singh had executed this Will in his favour while he was in sound and disposing state of mind and this is the last testament. The Will dated 25.2.1959 (P1), if any, in favour of Smt. Kartar Kaur Plaintiff stood automatically cancelled. He is the owner and in possession of the suit land on the basis of the Will (D1) dated 5.1.1996 and as such the suit of the Plaintiff is liable to be dismissed.