S.K.Jain - (1.) SMT . Dhan Kaur, Smt. Gurdial Kaur and Smt. Surjit Kaur alias Sito filed Civil Suit No. 313 of 26.9.1978 against Major Singh and Bhagwan Kaur for a decree of possession of 3/4 share of the land, fully described in the plaint, situated in village Ramuwala Karchoka, Tehsil Moga. It was pleaded that Hazara Singh son of Shri. Fateh Singh was owner of the suit land. Plaintiffs and defendant No 2 are his daughters whereas defendant No. 1 is the son of the defendant No. 2. Hazara Singh died in the year 1976. He had no son and his wife had pre-deceased him. Defen dant No. 1 was in possession of the suit land. He filed a suit against the plaintiffs on 5.11.1976 for permanent injunction restraining them from forcibly dispossessing him. That suit was dismissed in 1977. In the same year, he again filed a suit for declaration that he was owner of the suit land. That suit was dismissed as withdrawn. The plaintiffs have also put forth a will allegedly executed by Hazara Singh in their favour and that of defendant No. 2 according to which also they were entitled to 3/4th share in the land.
(2.) THE defendants contested the suit and denied everything under the sun. Their case is that Hazara Singh executed a registered will on 26.9.1974 in favour of defendant No. 1 thereby bequeathing his entire property in his favour. It was contended on their behalf that the suit for declaration had been withdrawn because the inheritance of Hazara Singh had been sanctioned in favour of defendant No. 1 Major Singh. The parties fought the litigation on the following issues :1. Whether Hazara Singh executed a valid will dated 16.3.1976 in favour of the plaintiffs and defendant No. 2? OPP 2. Whether Hazara Singh executed a valid will in favour of defendant No. 1 on 26.9.1974? OPD 3. Whether defendant No. 1 is estopped by his acts and conduct to rely upon the will dated 26.9.1974? PP
(3.) THE learned trial Court decreed the suit of the plaintiffs vide his judgment and decree dated 19.12.1981. Major Singh defendant challenged the said judgment and decree in civil Appeal No. 31 of 1982. He arrayed his mother Smt. Bhagwant Kaur as proforma respondent No. 4 in the appeal. Learned District Judge, Faridkot accepted the appeal and dismissed the suit of the plaintiffs by setting aside the judgment and decree impugned before her.;