Rakesh Kumar Garg, J. - (1.) THIS is defendants' second appeal challenging the judgment and decree of the trial Court dated 15.3.2011, decreeing the suit in favour of plaintiff -respondent no. 1 holding that he is entitled to 1/3rd share of the suit land and is further entitled to joint possession of the suit land to the extent of 1/3rd share as per the provisions of Indian Succession Act. Further challenge has been laid to judgment and decree dated 9.7.2013 of the first appellate Court, whereby appeal of defendants No. 1 and 2 against the judgment and decree of the trial Court was dismissed.
(2.) AS per the averments made, plaintiffs/respondents no. 1 and 2 sought joint possession of 1/3rd share of the suit land owned by Jagir Singh, deceased and also sought declaration that mutation of inheritance of Shri Jagir Singh was sanctioned wrongly and illegally in favour of the appellants, further seeking permanent injunction restraining the appellants from alienating the suit land further in any manner. It was averred in the plaint that the suit land was ancestral in the hands of Jagir Singh and they were coparceners in the suit land. Jagir Singh was having three sons, namely, Nirankar Singh, Satkar Singh (defendants no. 1 and 2) besides Balkar Singh (since deceased) father of plaintiff -respondent no. 1 Jatinder Singh and husband of plaintiff -respondent no. 2 Harwant Kaur. Said Balkar Singh pre -deceased Jagir Singh. Jagir Singh was the karta of the joint hindu family. Nirankar Singh and Satkar Singh along with plaintiffs and Varinder Singh, deceased son of Balkar Singh were coparceners therein and as such, plaintiff no. 1 and his deceased brother Varinder Singh had a right, title and interest in the suit land belonging to the coparceners in joint Hindu family by birth. Jagir Singh during his lifetime had executed a registered and valid Will dated 30.6.1997 bequeathing 1/3rd share in favour of plaintiff -respondent no. 1 and his brother Varinder Singh and the remaining two shares to defendants no. 1 and 2. Varinder Singh died a natural death on 23.8.2002. However, defendants no. 1 and 2 got registered a false case of murder against plaintiff no. 2 in this case. Plaintiff no. 2 faced trial and was acquitted by the Court of Sessions Judge, Amritsar on 31.10.2003. Defendants no. 1 and 2 also forged another Will of Jagir Singh who died on 15.12.2002. In fact, he had not executed any other Will, as he was having love and affection and full sympathy with the family of pre -deceased son Balkar Singh. Moreover, Jagir Singh had lost his sons two years before his death and thus, the second Will propounded by defendants no. 1 and 2 was not outcome of free and sound disposing mind of Jagir Singh. Taking advantage of respondent no. 2 being in jail, appellants no. 1 and 2 got mutation sanctioned in their favour regarding inheritance of Jagir Singh on the basis of second Will vide which plaintiffs were completely deprived from inheriting the share of property of Jagir Singh. Hence, the suit was filed.
(3.) UPON notice, defendants appeared and filed written statement contesting the suit, raising various preliminary objections. It was stated that plaintiffs had got no right, title or interest in the suit property. It was further denied that the suit land was ancestral. It was submitted that the suit property was self -acquired property of Jagir Singh. However, it was admitted that Jagir Singh was having three sons and his son Balkar Singh, predecessor -in -interest of plaintiffs, had pre -deceased him. It was further denied that Jagir Singh along with his sons constituted Joint Hindu Family property. It was further submitted that Balkar Singh died in the year 1993. It was admitted that the first Will was executed on 30.6.1997 whereas the second Will was executed on 20.9.2002 in favour of the appellants in a sound disposing mind and thus, they became owners of the suit land. It was the further case of the defendants that respondent no. 2 entered into an agreement of compromise dated 20.5.2002, vide which she admitted that she has got no right, title or interest in the property of Jagir Singh. Refuting the remaining allegations, the defendants prayed for dismissal of the suit.;