- (1.) The present appeal has been preferred against the judgment and decree dated 26.03.2014 passed by the learned Additional District Judge, Sangrur, whereby the appeal filed by appellants-defendants no.1 and 2 against the judgment and decree dated 22.03.2011 passed by the learned Civil Judge (Jr. Division), Malrekotla, has been dismissed.
(2.) Plaintiff-Respondent no.1 Anwari Begum filed the suit for declaration to the effect that she is co-owner/co-sharer in joint possession with defendants in the suit property as detailed and described in the head note of the plaint situated in village Jamalpura, Tehsil Malrekotla and the mutation no. 1468 sanctioned in favour of appellants-defendants no.1 and 2 is null and void as the same has been got sanctioned on the basis of invalid and void Will dated 09.07.1986 allegedly executed by Hazi Buta in favour of defendants no1. and 2. The same is liable to be set aside having no effect on the rights of the plaintiff.
(3.) As per averments in the plaint, originally Maalan and Peer Bux were the owners of the agriculture land in dispute which was inherited by Hazi Buta, the father of the appellants and one Buba to the extent of ½ share each. Hari Buta died on 17.07.1986. His estate was inherited by the plaintiff and appellants-defendants no.1 and 2 after his death. Plaintiff is cultivating her share in the suit land since the death of her father Hazi Buta. Plaintiff and defendants no.1 and 2 have become coowner in joint possession of the property in dispute. It is further pleaded that on the basis of invalid, void, forged and factitious Will dated 09.07.1986, appellants-defendants got entered and sanctioned mutation no. 1468 in their favour in connivance with revenue officials. The entries in the revenue record in favour of the appellants-defendants no.1 and 2 are illegal, null and void. Hence the suit.;