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SUPREME COURT OF INDIA
ASHOK BHUSHAN, NAVIN SINHA, JJ.
Gurcharan Singh & Ors. – Appellants
Versus
Angrez Kaur & Anr. – Respondents
Civil Appeal No.6835 of 2009
Decided on : 19-03-2020
Registration Act, 1908 - Section 17(2)(vi) - Suit filed for declaration of ownership and possession of plaintiffs on basis of registered will and subsequent family settlement - Sole defendant, the original owner supporting the suit - Suit decreed - Case of pre-existing right - Such suit not requiring registration - Decree binding on daughters of original owner-respondents - They cannot avoid the decree. (Para 18)
Administration of justice - Allegation of fraud - Original owner, after 13 years of his divorce and the wife leaving him with the two minor daughters, intending to bequeath all his properties to defendants looking after him - Executing a registered will stating that he had no wife or children - Thereafter executing a family settlement partitioning his property among defendants in equal share - Defendants obtaining a decree of ownership and possession - Petitioner’s, who never visited their father, claim of fraud on their father and court - Not made out. (Para 20)
Facts of the case:
One Bhajan Singh was owner of suit land. Bhajan Singh was married with Gurmail Kaur. Two daughters (namely Angrez Kaur and Paramjit Kaur) were born to Bhajan Singh with Gurmail Kaur. Between Bhajan Singh and Gurmail Kaur, a divorce in writing was entered whereafter Gurmail Kaur started residing with one Maghar Singh, the brother of Bhajan Singh. Gurmail Kaur also took alongwith her both the daughters who were minors at that time.
Bhajan Singh executed a registered Will in favour of Gurcharan Singh, Gurnam Singh and Kulwant Singh, the appellants. A Civil Suit was filed by the appellants impleading the Bhajan Singh as the sole defendant praying for declaration to the effect that plaintiffs are the owners and in possession of the suit land.
The trial court decreed the suit on the basis of admission by the defendant of the claim of the plaintiffs.
After death of Bhajan Singh both Angrez Kaur and Paramjit Kaur filed Civil Suit praying for declaration to the effect that decree and judgment in Civil Suit in respect of the suit property is wrong, without jurisdiction, illegal, null and void, ineffective and inoperative qua the proprietary rights of the plaintiffs as heirs of the said Bhajan Singh.
The trial court dismissed the suit of the plaintiffs.
The first appeal filed by the plaintiffs was decreed and allowed. The defendants filed Regular Second Appeal before the High Court, which was dismissed.
Finding of the Court:
Trial court rightly upheld the earlier decree.
Result: Appeal allowed.
JUDGMENT :
ASHOK BHUSHAN, J.
This is a defendant’s appeal challenging the judgment of the High Court of Punjab & Haryana dismissing the Regular Second Appeal No. 3472 of 2004 of the appellants. The plaintiffs-respondents suit for declaration was dismissed by the trial court which decree was reversed by First Appellate Court decreeing the suit. The High Court affirmed the decree of First Appellate Court.
2. The brief facts of the case giving rise to this appeal are:-
2.1 One Bhajan Singh was owner of suit land situated in Village Siraj Majra, Tehsil Amloh, District Fatehgarh Sahib. Bhajan Singh was married with Gurmail Kaur. Two daughters (namely Angrez Kaur and Paramjit Kaur) were born to Bhajan Singh with Gurmail Kaur. Between Bhajan Singh and Gurmail Kaur, a divorce in writing was entered on 15.09.1973 whereafter Gurmail Kaur started residing with one Maghar Singh, the brother of Bhajan Singh in village Jalowal. Gurmail Kaur also took alongwith her both the daughters who were minors at that time to Village Jalowal where they all resided with Maghar Singh.
2.2 Bhajan Singh resided in Village Siraj Majra with Gurcharan Singh, Gurnam Singh and Kulwant Singh, the appellants, who looked after Bhajan Singh. Bhajan Singh executed a registered Will dated 02.09.1986 in favour of Gurcharan Singh, Gurnam Singh and Kulwant Singh, the appellants. A Civil Suit No. 556 dated 21.09.1994 was filed by the appellants impleading the Bhajan Singh as the sole defendant praying for declaration to the effect that plaintiffs are the owners and in possession of the suit land.
2.3 In the plaint, the plaintiff pleaded that defendant had executed a registered Will in favour of the plaintiffs, which was made as per defendant’s free will and consent and which was attested and duly registered by Sub-Registrar. It was further pleaded in the plaint that defendant effected a Family Settlement on 15.06.1994 in which suit property was given to the plaintiffs in equal share. In the suit, a written statement was filed by the defendant – Bhajan Singh on 03.12.1994 where he admitted the plaint allegations and also prayed that decree be passed in favour of the plaintiffs. On the same day, i.e., 03.12.1994, Bhajan Singh also recorded his statement in the Court, where he stated that averments in the plaint are correct and he has no objection if the suit of the plaintiff is decreed.
2.4 The Court of Additional Senior Sub-Judge, Amloh decreed the suit on 09.01.1995. On the basis of admission by the defendant of the claim of the plaintiffs after decree dated 09.01.1995 mutation was also affected of the land in suit in favour of the plaintiff on 03.03.1995. Bhajan Singh died on 24.04.1998.
2.5 After death of Bhajan Singh both Angrez Kaur and Paramjit Kaur filed Civil Suit No. 167 of 19.05.1998 praying for declaration to the effect that decree and judgment in Civil Suit No. 556 of 21.09.1994 decided on 09.01.1995 in respect of the suit property is wrong, without jurisdiction, illegal, null and void, ineffective and inoperative qua the proprietary rights of the plaintiffs as heirs of the said Bhajan Singh.
2.6 In the suit filed by the plaintiffs, the present appellants, who were impleaded as defendants filed a written statement refuting the plaint allegations. It was pleaded by defendants-appellants that after divorce of Bhajan Singh and Gurmail Kaur on 15.09.1973, Bhajan Singh was residing with defendants, who were serving Bhajan Singh. Bhajan Singh out of his free will executed a Will on 02.09.1986 in favour of the defendants. In the suit filed by the defendants -Suit No. 556 of 21.09.1994, Bhajan Singh filed a statement admitting the claim of the defendants including the confirmation regarding execution of Will in favour of the defendants. It is the defendants, who are in possession of suit land, in whose favour, mutation has also been affected. The plaintiffs had no concern with Bhajan Singh, who was residing with defendants at Village Siraj Majra. The vote and ration card of
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