B.P.JEEVAN REDDY, M.M.PUNCHHI, S.C.AGRAWAL
Bhagwan Kaur – Appellant
Versus
Kartar Kaur – Respondent
ORDER
1. This appeal by special leave is directed against the judgment and decree passed by the Punjab and Haryana High Court in Regular Second Appeal No. 1956 of 1985.
2. The dispute relates to a registered will dated 30-3-1977. The contestants are the appellant (now dead and represented by legal representatives) named Kartar Kaur, the widow of Bachan Singh testator on the one side and on the other Bhagwan Kaur, the second widow of Bachan Singh and Ranjit Singh the legatee of the will who is the brothers son of Bhagwan Kaur. On the death of Bachan Singh the appellant filed a suit for declaration and in the alternative a suit for joint possession in relation to the suit properties on the plea that she was an heir of Bachan Singh and entitled to succeed to his estate to the extent of one-half. This is insofar as Bachan Singhs properties were concerned. Declaration was also sought to a smaller extent relating to those properties in which she was joint owner with the co- widow. This part, though has been involved in the suit, is conceded by learned counsel for the respondents to be outside the scope of the decree of the High Court. The concession is recorded.
3. The suit was resisted by
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