Being aggrieved by and dissatisfied therewith, both the parties preferred appeals thereagainst.
Admittedly, she had four daughters, out of whom the defendants were alive but were disinherited by her in the said Will.
The learned Judge granted a decree for declaration to the effect that the plaintiff respondent was owner in possession of the land bearing Kh Kh.
1644 5 0 , 1645 3 0 , 1646 6 5 , 1647 6 5 , 1648 5 10 situated at village Gharuan as per Jamabandi of the year 1988 89 with the companysequent relief of permanent injunction restraining the defendants appellants from alienating that part of the land in suit.
Kakko were married and had been living at far away places.
The companytention of the plaintiff that Ram Devi expired at Rajpura in the house of his daughter Iqbal Kaur, does number make any sense since he is silent as to what Ram Devi was doing at the house of his daughter at that time.
25/59 Kh.
However, when an order of mutation was passed in favour of appellants, the said suit was filed.
The plaintiff has numberhere pleaded in his pleadings that Smt.
According to them, numberwill had been executed by Ram Devi in view of services rendered by him as alleged or at all.
The plaintiff did number produce any evidence to prove that he had joint ration card with Smt.
If relations between the plaintiff, his father on one side and Ram Devi on other side were so companydial and the former had been looking after and serving the latter, there was numberneed for Ram Devi to mortgage a portion of suit land with them and to give the remaining land on rent to them.
Ram Devi and Ram Devi was having a vote at his address.
PW4 Pritam Singh the only witness from village Ghruan examined by the plaintiff did number utter even a single word in that regard.
Ram Devi had been residing with his daughter Iqbal Kaur at Rajpura and Iqbal Kaur has been looking her.
P2 dated 30.3.1962 executed by Ram Devi widow of Jiwan Singh.
The learned Subordinate Judge, 1st Class, Kharar, Punjab, by his judgment and decree dated 24.8.1995 decided issue number.
Respondent being the beneficiary under the said Will filed a suit in the year 1993 against the appellants, inter alia, praying for setting aside an order of mutation passed in their favour on the premise that relying on or on the basis thereof, the appellants had threatened to alienate the suit land and dispossess him therefrom.
Furthermore, the plaintiff did number examine Iqbal Kaur or anybody else from Rajpura to establish that Ram Devi was putting up with Iqbal Kaur, widowed daughter of the plaintiff.
Appellants in their written statement denied and disputed the companytentions raised by the plaintiff that Ram Devi used to be looked after by the plaintiff.
A perusal of the file goes to show that the plaintiff and prior to his father have been in possession of a portion of suit land as tenant and ever the remaining suit land as mortgagee.
Plaintiff Respondent in his plaint alleged that during the life time of the testatrix, he used to look after her and in fact she expired in the house of his daughter Iqbal Kaur.
However, other reliefs prayed for in the suit were number granted.
It is also in evidence that Gurdial Kaur and Kako were number staying with their mother and had number supported her during her life time.
The fact that some land of the deceased was lying mortgaged with the father of the plaintiff in the revenue record does number mean that there was only companymercial relations between the parties.
B. SINHA, J. Leave granted.
Rattan Singh Roop Singh Jodh Singh Diwan Singh Krishan Lal Singh Singh Ran Singh Harnam Singh Jiwan Singh Nagina Wariam Singh Ram Devi Manna Singh Shamsher Pritam Basso Gurdial Kakko Singh Kaur Died Kaur Defendant Died Dialo Defendant Admittedly, the two surviving daughters of the testatrix, namely, Smt.
Gurdial Kaur alias Dialo and Smt.
