K.C. Puri, J. - (1.) Ranjit Kaur-defendant/appellant has directed this appeal against the judgment and decree dated 01.08.1989 passed by Shri GS.Khurana, learned Additional District Judge, Gurdaspur vide which appeal filed by her against the judgment and decree dated 1.10.1987 passed by Sh.S.S.Sandhu, Additional Senior Sub Judge, Batala was dismissed.
(2.) The brief facts of the present case are that Gopal Singh, father of Kartar Singh deceased and Sardara Singh and grand-maternal father of Joginder Singh, Mohinder Singh, Devinder Singh were the owners of the property in dispute. Gopal Singh died at Batala on 25.11.1978 leaving behind Kartar Singh, Sardara Singh and defendant Nos.3 to 5 as his legal heirs. Kartar Singh and Sardara Singh had l/3rd share each and defendant Nos.3 to 5 had l/3rd share. Kartar Singh died on 9.6.1983 leaving behind the plaintiffs and defendant No.6 as his legal heirs and representatives and they are entitled to the share of Kartar Singh. Ranjit Kaur has propounded a Will in her favour stated to have been executed by Gopal Singh. The existence and validity of the Will is denied and the Will is in operative, null and void. Hence the suit.
(3.) On put to notice, the defendants contested the suit. In the written statement defendant No.l admitted the relationship between the parties. She further asserted that she inherited the estate of the deceased by virtue of a will dated 17.5.1977 executed by him in her favour during his life time in a sound and disposing mind, it is further alleged by defendant No.l that the suit is bad for nonjoinder of necessary parties is not maintainable in the present form and is also not properly valued for the purposes of court fee and jurisdiction.;