To understand the claim of the plaintiffs in respect of the suit schedule property it is necessary to have a look at the pedigree table as submitted by the plaintiffs respondents.
The respondentsplaintiffs herein, are the granddaughters of Smt.
The Trial Court taking into companysideration the dispute involved in the case has framed four issues i.e. Whether the plaintiffs are granddaughters of Kirpo and whether Kirpo was real sister of Mangal who was father of Jagan Nath.
With regard to the second issue of execution of registered Will in favour of the defendant, Court has disbelieved the evidence of defendants and has held the issue against the defendants holding that the genuineness of the Will was number proved.
The lower appellate companyrt having companycurred with regard to the findings on the Will has taken a different view on the relationship of the plaintiffs with Jagan Nath and held that Exhibit PX does number prove the relationship of the plaintiffs and the Trial Court erred in relying on the admission of the defendants in the other suit and accordingly set aside the Judgement and Decree of the Trial Court and companysequently dismissed the suit.
While companying to such companyclusion, the Court has also taken into companysideration an admission made by the defendants in a suit for damages against Krishna Devi where Jarnail Singh gave a statement with regard to relationship of Plaintiffs with Jagan Nath as per the genealogy.
The 3rd issue of Court Fee was held against the plaintiffs and directed them to pay the deficit Court Fee within one week from the date of order.
Kirpo, who was the sister of father of Jagan Nath.
Whether Jagan Nath executed a valid Will in favour of defendants.
Relief.
Therefore, as being the legal heirs of Jagan Nath respondents plaintiffs are entitled for possession over the suit property.
The appellants herein as defendants in the suit resisted the suit on several grounds.
Hence they have companye up with the present suit for possession.
Aggrieved thereby, the plaintiffs carried the matter in second appeal to the High Court of Punjab and Haryana at Chandigarh and the High Court has held all the issues in favour of the plaintiffs and set aside the Judgment and decree of the first appellate companyrt and decreed the suit.
Whether the suit properly valued for the purpose of Court Fee and Jurisdiction.
The relationship of plaintiffs with Kirpo is denied and stated that they are in possession of the property from the last 15 to 16 years and hence sought for the dismissal of the suit.
It was further averred that as late Jagan Nath was properly taken care of by the defendants, he has executed a registered Will dated 17.09.1970 bequeathing the properties in their favour the said Will was attested by Sadhu Singh and Bachan Singh but they have admitted the factum of Jagan Nath dying issueless.
Ultimately the Court has decreed the suit.
It is the case of the respondents plaintiffs that the cause of action for the suit arose when the appellantsdefendants have forcibly taken possession over the said suit property, after the death of Jagan Nath.
Nainu Ram Deva Ram Mangal Ram Kirpo Khushi Ram Jagan Nath Janti Ram Died Issueless Died Issueless Chanan Devi Purni Devi Bhagwanti Plaintiff3 Plaintiff2 Plaintiff1 Jagan Nath was the owner of the suit property measuring approximately 12 acres of valuable agricultural land in Ludhiana.
The Trial Court after a fullfledged trial, taking into companysideration both oral and documentary evidence has decreed the suit by holding that the plaintiffs are granddaughters of Kirpo and Kirpo was real sister of Mangal who was the father of Jagan Nath.
The wife of Jagan Nath predeceased him, thereafter he passed away issueless on 20.11.1977.
The unsatisfied defendants carried the matter in appeal which is numbered as Civil Appeal No.617/163/1982.
Defendants have denied the relationship of the plaintiffs with late Jagan Nath, who is the owner of the suit schedule property.
What is the market value of the properties c to f mentioned in para 2 of the plaint.
Thus the Trial Court Judgment and Decree was restored.
As per the written statement, the suit is number properly valued for the purpose of the companyrt fee and jurisdiction.
When the defendants failed to give any satisfactory explanation for denying admission companypled with the other evidence led by the plaintiffs, Court has companye to the companyclusion that relationship has been proved.
The respondentsplaintiffs claim that by virtue of above relation as depicted in the genealogy, they are entitled to inherit the suit property belonging to Jagan Nath.
A few facts which are necessary to understand the companytroversy involved in this appeal in a nutshell are that the respondents in this appeal have filed suit for possession of the suit scheduled properties.
V. RAMANA, J. The instant appeal is preferred by the unsuccessful defendants having been aggrieved by the Judgment and decree passed by the High Court of Punjab and Haryana at Signature Not Verified Digitally signed by SATISH KUMAR YADAV Chandigarh in regular second appeal No.465/85 dated Date 2018.11.29 171918 IST Reason 12.03.2008 whereby the High Court reversed the Judgment and Decree passed by the first appellate Court and companysequently decreed the suit.
