MOHINDER SINGH Vs. KARTAR KAUR
LAWS(P&H)-2006-1-105
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 31,2006

MOHINDER SINGH Appellant
VERSUS
KARTAR KAUR Respondents

JUDGEMENT

VINEY MITTAL, J. - (1.) DEFENDANTS No. 1 to 4 having concurrently lost before the two courts below, have approached this court through the present regular second appeal.
(2.) PLAINTIFF , Kartar Kaur, filed a suit for possession and permanent injunction claiming that her husband, Balbir Singh, had 1/5th share in the suit land. After his death, the plaintiff had succeeded to the suit property. However, defendants were claiming some will in their favour which was never executed by Balbir Singh and, therefore, she filed the suit as mentioned above. Defendants No. 1 to 4 contested the suit. It was claimed that Balbir Singh was their real uncle (Taya). The defendants also set up a registered will dated April 21, 1993 on the basis of which they claimed that they are owners of the suit property. They also claimed that as per the aforesaid will Kartar Kaur was to get life estate left behind by Balbir Singh and, therefore, defendants were treated to be owners of the property in dispute.
(3.) THE learned trial court on the basis of the material available on the record decreed the suit filed by the plaintiff and appeal filed by the defendants before the learned first appellate Court failed.;


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