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2004 Supreme(P&H) 618

J.S.NARANG
Salinder Kaur – Appellant
Versus
Kundan Singh – Respondent


Advocates Appeared:
For the Appellants :Mr. Akshay Bhan, Advocate.
For the Respondents:Mr. Kapil Sharma, Advocate.

JUDGMENT

J.S. Narang, J. - The plaintiffs-respondents Kundan Singh son of Nagina Singh and Jagbiro widow of Nathu son of Gokal filed the suit for possession in respect of the land defined in the plaint. It has been alleged that Assa Singh had half share in the suit land and the remaining half share of the land belonged to his brother Jota who died about 30 years ago preceding the date of the filing of the suit. He was survived by his widow Narati alias Prem Kaur. She contracted Karewa marriage with the aforesaid Assa Singh, brother of her husband, who died about 22 years ago preceding the date of filing of the suit. It has been further alleged that no issue was born from this wedlock and that after the death of Assa Singh, she suffered mental shock and became lunatic. It is also alleged that a number of persons got some documents thumb-marked from her when she was suffering from lunacy. It has also been alleged that defendant No. 1 Prem Singh son of Gurmukh Singh got a fictitious will thumb- marked from her on 16.4.1975. Whereas, in fact, she had never ever executed the aforestated Will, as such, the said Will does not affect the rights of the plaintiffs and defendant No. 4 Pooran S














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