L.N.MITTAL,J. - (1.) THIS is second appeal by plaintiffs Surinder Kaur etc. who have been non -suited by both the courts below.
(2.) THE dispute relates to inheritance of the suit land from Kishan Singh. Kishan Singh had four sons namely Piara Singh, Jeet Singh, Bhupiner Singh and Siri Ram defendant No.2 and a daughter Surinder Kaur -plaintiff No.l. Paramjit Kaur and Rajinder Kaur (plaintiffs No.2 and 3) are daughters of Piara Singh from Maninder Kaur -defendant No.4. After death of Piara Singh, defendant No.4 Maninder Kaur performed Kareva marriage with Siri Ram -defendant No.2. Lachman Singh -defendant No.3 is son of Siri Ram -defendant No.2 from Maninder Kaur defendant No.4. Jarnailo -defendant No.l was initially married with Bhupinder Singh. On his death, Jarnailo performed Kareva marriage with Jeet Singh. Out of this wedlock, Satnam Singh was born. Satnam Singh has also since died after death of Kishan Singh. Plaintiffs claim share in the suit land on the basis of natural inheritance from Kishan Singh. Plaintiffs also challenged Will dated 06.06.1994 allegedly executed by Kishan Singh in favour of Satnam Singh (since deceased and represented by his mother Jarnailo -defendant No.l) to the extent of half share and in favour of Siri Ram and his son Lachman Singh -defendants No.2 and 3 to the extent of the remaining half share. The plaintiffs also challenged the consequent mutation sanctioned on the basis of the said Will. They also sought relief of permanent injunction.
(3.) ONLY defendant No. 1 contested the suit where as defendants No.2 to 4 were proceeded against ex parte. Defendant No. 1 alleged that Kishan Singh executed Will dated 06.09.1994 in favour of defendants No.2 and 3 and Satnam Singh and accordingly they inherited the suit land from Kishan Singh and on the death of Satnam Singh, his share has been inherited by defendant No. 1 Jarnailo. It was pleaded that there is no Will dated 06.06.1994 executed by Kishan Singh. Various other please were also raised.;