CHANAN SINGH Vs. BALWANT KAUR

JUDGEMENT

(1.) This is plaintiff's second appeal, whose suit for declaration was decreed by the trial Court but was dismissed in appeal.

(2.) Sham Singh was the owner of the land in dispute measuring 47 Kanals. Sham Singh left behind a Will dated 21st August,1959 in favour of Balwant Kaur, his daughter, and in favour of his two brothers Teja Singh and Beant Singh. According to the said Wil1 Exhibit P-I Balwant Kaur succeeded only to a life estate and she had no right to alienate the land. It was further provided that after the death of Balwant Kaur the other two legatees will succeed to the estate and in case they are pre-deceased to Balwant Kaur then their male descendants will inherit the property. Since Balwant Kaur executed a Will on 6th February, 1970 in favour of the defendant, Peshora Singh, the plaintiffs, who are the successor-in-interest of Teja Singh and Beant Singh (legatees) filed the present suit for declaration that the Will executed by the Balwant Kaur in favour of Peshora Singh was illegal and ineffective and against their rights and they will be entitled to succeed to the estate inherited by Balwant Kaur from Sham Singh.

(3.) The suit was contested by Balwant Kaur and Peshora Singh defendants who filed a joint written statement. It was pleaded that Balwant Kaur became absolute owner of the property inherited by her under the said will. It was denied that Balwant Kaur was only entitled to usufruct of the property during her life time. According to her, Sham Singh died on October 11, 1960 and on his death, Balwant Kaur became full owner. It was denied that after her death, the plaintiffs would be entitled to the suit property. It was further pleaded that the will executed by Balwant Kaur in favour of Peshora Singh was thus valid.