- (1.) RSA No.748 of 1988 "Jhanda Singh since deceased) through his LRs Versus Harnam Kaur and others" and RSA No.5015 of 2001 "Dalip Singh versus Dhanna Singh" are being decided by a common order as they relate to the same property though parties assert different rights. RSA No.748 of 1988
(2.) JHANDA Singh (since deceased) the plaintiff -appellant filed a suit for declaration asserting ownership of land measuring 33 Kanals 17 Marlas, on the basis of a will dated 4.10.1974, allegedly executed by Bikkar Singh. Jhanda Singh pleaded that mutation no.762 decided on 11.10.1982, escheating the property in dispute, in favour of the government, is illegal. Jhanda Singh pleaded that the property in dispute belonged to Bikkar Singh son of Niranjan Singh, who passed away on 21.6.1978, leaving behind his widow Harnam Kaur, defendant no.1. The appellant looked after Bikkar Singh and Harnam Kaur and before his demise, Bikkar Singh executed a "will" dated 4.10.1974, bequeathing the property in dispute to him. Defendant no.2 has got a mutation sanctioned escheating the property to the government on the basis of forged will dated 18.5.1978. Jhanda Singh also prayed for grant of a permanent injunction to restrain the defendant -respondents from interfering in his possession.
(3.) UPON notice, as Smt. Harnam Kaur, widow of Bikkar Singh, did not put in appearance, she was proceeded against ex parte vide order dated 26.9.1983. Defendant no.2 put in appearance, filed a written statement, but later, one Mohan Singh was impleaded as a party as he claimed that he is Mahant of Gurdawara Bhardalan and therefore, entitled to contest the suit on behalf of Guru Granth Sahib. Mohan Singh filed a separate written statement, raising various preliminary objections regarding maintainability of the suit, misjoinder of necessary parties etc. and on merits, pleaded that Bikkar Singh executed "will" dated 18.5.1978, in favour of the Gurdawara and made a provision in the will that Harnam Kaur would take meals, and clothes from the Gurdawara. Vide resolution dated 26.12.1978 passed by the Gram Panchayat, the land in dispute has been transferred to the Gurdawara and Harnam Kaur has been allowed to use income from the land for her upkeep. It was further pleaded that Jhanda Singh never served Bikkar Singh, rather he was arraigned as an accused in the murder of Bikkar Singh. On the basis of these pleadings, the trial court framed the following issues: - " 1. Whether the plaintiff is the owner in possession of the suit land?OPP 2. Whether deceased Bikkar Singh had executed a valid will on 4.10.1974, in favour of the plaintiff? OPP 3. Whether deceased Bikar Singh executed a valid will dated 18.5.78 in favour of Gurdawara Sahib, if so, its effect?OPD 4. Whether the suit is bad under section 92 of the CPC? OPD 5. Whether the suit is not maintainable in the present form? OPD 6. Whether the suit is bad for misjoinder of necessary parties?OPD 7. Whether the plaintiff is entitled to the declaration and injunction prayed for? OPP 8. Relief. Jhanda Singh led evidence, but the defendants, despite grant of a large number of opportunities, did not lead any evidence and therefore,their evidence was closed by order.;