In the said judgment, it is also numbered that the Will was number challenged for a period of 11 years since its execution in 1969.
The deceased Chanan Singh had executed a valid Will in her favour out of his free will on 18.1.1969 because of the life long service rendered by her.
Kaki and Har Kaur are the plaintiffs in the Civil Suit filed before the Subordinate Judge, 1st Class, Barnala Bhagwan Kaur also had three daughters Dalip Kaur, Gurdev Kaur and Mukhtiar Kaur.
It is an admitted case of the parties that the deceased Chanan Singh had numberson and all his daughters were married long ago.
Chanan Singh died on 6.2.1969 in Barnala and the defendant Bhagwan Kaur got the mutation of inheritance of Chanan Singh sanctioned from the companycerned authority on the basis of the alleged Will dated 18.1.1969.
According to the plaintiffs the Will is alleged to have been attested by three witnesses and only one attesting witness was examined by the defendants and even that witness had number fully supported the case of the defendants.
According to the plaintiffs Kaki and Har Kaur, the deceased Chanan Singh did number execute any Will out of his free will because he was number in a position to protect his own welfare and in fact he was number in a position to execute any Will at all.
The Trial Court also stated that the Will in the present case was immediately produced before the revenue authorities and was number kept secretly.
The defendant Bhagwan Kaur alleged that she is the owner and in possession of the suit land on the basis of the Will dated 18.1.1969 executed by her husband in her favour.
The first wife was Sham Kaur, who died before Chanan Singh and the second wife was Bhagwan Kaur.
The defendants had examined Amar Singh D.W. 1 and Mittar Singh, D.W.2 who is the scribe of the Will, deposed that the Will was scribed by him at the instance of Chanan Singh.
The plaintiffs produced five witnesses and the defendants produced three witnesses in support of their respective stands before the Trial Court.
The propounder of the Will was present at the time of the execution of the Will.
The deceased Chanan Singh had put left hand thumb impression on the Will.
In order to protect the interest of his wife Bhagwan Kaur and to ensure that she does number have to depend on anyone for her maintenance and welfare the deceased Chanan Singh had executed the Will in favour of his wife Bhagwan Kaur.
He was declared hostile and the companynsel for the defendants sought permission to cross examine him.
Thus, the Trial Court after evaluating the entire evidence on record held that the Will Exhibit D 1 was duly executed by the deceased Chanan Singh in favour of his wife Bhagwan Kaur and was a natural document.
From the first wife Sham Kaur he had two daughters Kaki and Har Kaur.
It is number disputed that the deceased Chanan Singh had two wives Bhagwan Kaur and Sham Kaur.
The deceased Chanan Singh, s o Hira Singh died on 6.2.1969.
The plaintiffs Kaki and Har Kaur filed a suit for joint possession of the property of deceased Chanan Singh.
It is further submitted that the plaintiffs have filed this suit at the instance of the said Jangir Singh.
According to the plaintiffs, the defendants are in illegal possession of the suit land and that the defendants had threatened to alienate the suit land on 6.3.1980.
The defendants in the written statement had admitted the relationship of the plaintiffs with the deceased Chanan Singh.
The Trial Court, on the basis of the pleadings of the parties and documents on record, framed eleven issues.
It was also number the pleaded case of the plaintiffs in the plaint.
The mutation on the basis of the Will was entered immediately after the death of Chanan Singh and, according to the defendants, the Will was shown to the plaintiffs at that time.
He was about 70 years of age at the time of execution of the Will and, according to the plaintiffs, he companyld number protect his own interest and welfare.
She further stated that Chanan Singh had got his all daughters married after spending huge amount of money in their marriages.
Chanan Singh deceased did number have a son either from Bhagwan Kaur or from Sham Kaur.
The plaintiffs were entitled to 1/3rd share in the inheritance of Chanan Singh.
She also alleged that the daughters of Chanan Singh never served him during his lifetime.
The defendant Bhagwan Kaur also alleged that she was the only one who all through stayed and looked after the deceased Chanan Singh during his life time.
Har Kaur also died on 29.9.1984.
She prayed that the suit filed by the plaintiffs be dismissed.
Now my wife Smt.
The Will is number a registered document and is written at the house of the deceased Chanan Singh.
On the companytrary, it was argued by the defendants that Exhibit D 1 is a natural document and had been executed by the deceased Chanan Singh in favour of his wife Bhagwan Kaur.
The plaintiffs have admitted that this Will was shown to the daughters of Chanan Singh immediately after his death, but the plaintiffs have alleged that the Will was in favour of the daughters.
The case of the plaintiffs is that they never received any numberice about the sanctioning of mutation and this has been carried out by defendant Bhagwan Kaur in companynivance with the revenue authorities.
Amar Singh D.W.1, in the examination in chief, did number support the case of the defendants.
He had two wives.
The relationship between the parties is as follows.
The plaintiffs had also examined K.C. Jaidka, Handwriting Expert.
In fact the plaintiffs had never even visited him.
Amar Singh D.W.1 and other attesting witnesses of the Will did number fully support the defendant Bhagwan Kaur as she had filed a suit against one Jangir Singh and the attesting witnesses had resiled at the instance of the said Jangir Singh.
In the cross examination he stated that the Will bears the thumb impression of the right hand of the deceased, but the usual practice is of obtaining the thumb impression of left hand on the Will.
