- (1.) This order shall dispose of two Regular Second Appeals bearing Nos. 1053 and 1074 of 2009, which have been filed by Smt. Parkash Kaur and her children against the judgment and decree passed by both the Courts below, whereby two suits, one filed by Smt. Parkash Kaur and other and another by respondent Smt. Kartar Kaur, have been disposed of by common judgment.
(2.) In this case, the dispute is about 88 Kanals of land situated in village Jhorarnali, Tehsil and District Sirsa, which was owned by one Jiwan Singh son of son of Gurditta Singh. Appellant Smt. Parkash Kaur is the widow of Kartar Singh, who was brother of Jiwan Singh and respondent Smt. Kartar Kaur is the sister of Jiwan Singh. After the death of Jiwan Singh (on 28.03.2001), the land in question was mutated in favour of Smt. Kartar Kaur vide Mutation No. 3965 dated 13.06.2001 on the basis of natural sue-cession being his 2nd class legal heir.
(3.) Appellant Smt. Parkash Kaur and others claimed the property of Jiwan Singh on the basis of an unregistered will dated 2.9.2000 alleged to have been executed by Jiwan Singh in their favour. The said will was got registered by Smt. Parkash Kaur and others vide order dated 7.1.2003 after the death of Jiwan Singh. Thereafter Smt. Parkash Kaur and others filed civil suit for declaration challenging the aforesaid mutation dated 13.06.2001 in favour of Smt. Kartar Kaur being illegal and not binding on their rights, and restraining her from alienating or transferring or creating any charge over the suit land or interfering in their possession.;