M.L. Singhal, J. - (1.) This is revision against the order dated 30.9.1997 of Additional Civil Judge (Sr. Division) Malout whereby he dismissed the plaintiffs' application under Order 6 Rule 17 CPC for amendment of the plaint.
(2.) Kappor Singh son of Surian Singh and Gurbachan Singh filed suit for declaration against Gurdial Kaur - Widow, Pargat Singh, Mehal Singh and Sukhwant Singh son of Sucha Singh and Bohar Singh and Puran Singh to the effect that they and defendant No. 1 to 4 (being LRs of deceased Kartar Kaur) are joint owners i.e. plaintiffs to the tune of 1/3rd share each and defendants No. 1 to 41/3 share) of land measuring 39 kanals 1 marla as detailed in the heading of the plaint on the basis of inheritance of deceased Kartar Kaur alias Gurnam Kaur widow of Makhan Singh and that mutation of inheritance No. 1736 dated 13.3.1990 of deceased Kartar Kaur alias Gurnam Kaur widow of Makhan Singh sanctioned on the basis of alleged will said to have been executed by deceased Kartar Kaur alias Gurnam Kaur in favour of defendant No. 5 - Bohar Singh is in - operative and has no effect on the right, title or interest of the plaintiffs and defendants No. 1 to 4 in the said land as the deceased Kartar Kaur alias Gurnam Kaur never executed any will and further the name of deceased Kartar Kaur alias Gurnam Kaur's husband's father is Thakar Singh alias Thakra (who was son of Gopi Ram Singh) and that' the revenue entries regarding Makhan Singh (Kartar Kaur's husband) are wrong and incorrect and the result of mistake on the part of the revenue officials and the suit for possession by way of redemption of land measuring 39 kanals 1 marla ibid mortgaged by its owner Kartar Kaur alias Gurnam Kaur widow of Makhan Singh son of Thakar Singh alias Thakra vide registered mortgaged by its owner Kartar Kaur alias Gurnam Kaur widow of Makhan Singh son of Thakar Singh alias Thakra vide registered mortgage deed dated 7.6.1971 and mutation of mortgage No. 820 dated 29.2.1972 for consideration of Rs. 14,000/ -. It was alleged in the plaint that deceased Kartar Kaur alias Gumam Kaur widow of Makhan Singh son of Thakar Singh alias Thakra was owner of land measuring 39 kanals and I marla. Name of deceased Kartar Kaur alias Gumam Kaur's husband's father was Thakra alias Thakar Singh and not Ram Singh as written in the revenue record. Thakra alias Thakra Singh has four sons namely Surain Singh. Partap Singh, Sulkhan Singh and Makhan Singh. Deceased Kartar Kaur alias Gurnam Kaur was wife of Makhan Singh son of Thakra alias Thakar Singh son of Gopi son of Ram Singh. Due to mistake of the revenue officials, father's name of Makhan Singh was wrongly written as Ram Singh instead of Thakra alias Thakar Singh. Surain Singh, Partap Singh, Sulaklian Singh and Makhan Singh held land in Pakistan. In lieu of that land, they were allotted land in village Dhogari/Dhogri Tehsil and Distt. Jalandhar. In the pedigree -table, the name of the father of Makhan Singh, husband of deceased Kartar Kaur alias Gumam Kaur is Thakar Singh alias Thakra and not Ram Singh. Kartar Kaur alias Gurnam Kaur died issueless on 16.9.1982 and Makhan Singh died during her life time As such other three sons of Thakar Singh alias Thakra namely Surain Singh, Partap Singh and Sulkhan Singh, became legal heirs of deceased Kartar Kaur alias Gurnam Kaur. Surain Singh, Partap Singh and Sulakhan Singh also died. Surain Singh left behind Kapoor Singh plaintiff No. 2 and Partap Singh was survived by Sucha Singh who died in the year 1989 leaving behind Gurdial Kaur, Pargat Singh, Mehal Singh and Sukhwant Singh defendants No. 1 to 4. Aforesaid Kartar wife of Makhan Singh while being owner of the suit property mortgaged the same to Puran Singh defendant No. 6 for Rs. 14,000/ - vide registered mortgage deed dated 2.6.1971, mortgage mutation No. 820 dated 29.2.1972. Puran Singh -defendant was already in possession of the land as Gair Marusi/tenant on chakota basis. After the death of the original owner Kartar Kaur alias Gurnam Kaur, defendant No. 6 Bohar Singh in connivance with the revenue authorities got sanctioned mutation of inheritance No. 1736 dated 13.3.1990 on the basis of some alleged, forged and fabricated Will alleged to have been executed by Kartar Kaur alias Gurnam Kaur and is showing himself to be the owner of the suit property. Deceased Kartar Kaur alias Gurnam Kaur had never executed any Will. If there is any such Will alleged to have been executed by Kartar Kaur alias Gurnam Kaur that is false, forged and fabricated and is inoperative qua the rights of the plaintiffs and defendants No. 1 to 4. Plaintiff and defendant No. 1 to 4 are entitled to inherit right, title and interest in the suit property left by deceased Kartar Kaur alias Gurnam Kaur. Plaintiffs are ready and willing to pay the mortgage money to defendant No. 6 - the mortgagee in consideration of redeeming the land. In nutshell the plaintiffs have claimed that they are entitled to inhere Kartar Kaur alias Gurnam Kaur widow of Makhan Singh son of Thakar Singh alias Thakra son of Gopi son of Ram Singh on the basis of relationship delineated in the pedigree table and that Bohar Singh was not entitled to her inheritance on the basis of any will set up by him as the will set up by him was false, forged and fabricated and further they are entitled to redeem the mortgage created by Kartar Kaur alias Gumam Kaur in favour of Puran Singh vide registered mortgage deed dated 2.6.1971 on the basis of being heirs of Kartar Kaur alias Gurnam Kaur.
(3.) Defendant No.5 - Bohar Singh contested the suit of the plaintiffs urging that this land has not been in any way connected with the one as belonging to Kartar Kaur widow of Makhan Singh son of Thakar Singh and that Kartar Kaur and that Kartar Kaur was not the daughter -in -law of Ram Singh in whose name the land stands. It was no where alleged that this land was not inherited even by this Kartar Kaur from her mother or father. In that eventuality, the land will be inherited by the heirs of her father and not those of her husband. Kartar Kaur had executed will on 15.6.1986 in favour of Bohar Singh while she was physically fit and mentally alert and in a sound disposing mind and it was on the basis of this will that inheritance of Kartar Kaur was mutated in favour of Bohar Singh. Plaintiffs and defendants No. 1 to 4 have no right, title or interest in the suit property. They are not entitled to redeem the land.;