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1996 Supreme(P&H) 1590

N.K.KAPOOR
Joginder Singh – Appellant
Versus
Mohinder Singh – Respondent


Judgment

N.K.Kapoor, J.

1. This is defendants regular second appeal. Plaintiffs filed a suit for declaration to the effect that they are owners of land measuring 252 kanals 13 marlas as described in Part A of the head of the Plaint and also sought possession of the land measuring 90 kanals 17 marlas shown in Part B of the heading of the plaint, which is also part of land measuring 252 kanals 13 marlas.

2. As per the case of the plaintiffs Kirpal Singh alias Pala Singh, father of the plaintiffs and the defendants was owner of the suit land. He executed a will dated 29.3.1971 in favour of the plaintiffs and Smt. Chand Kaur his wife. Vide will Smt. Chand Kaur was given a limited estate which was to revert to the plaintiffs on her death. Since Smt. Chand Kaur has died, the plaintiffs have become the owners of the suit land and are entitled to get possession of land measuring 90 kanals 17 marlas which is in possession of Joginder Singh defendant No. 1.

3. Suit was resisted by Joginder Singh, who denied the execution and validity of the will set up by the plaintiffs. As regards his possession over the land measuring 90 kanals 17 marlas it was stated that as per family partition/settlement











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