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2022 Supreme(P&H) 2061

HARKESH MANUJA
Jaswinder Kaur – Appellant
Versus
Rupinder Kaur – Respondent


Advocates appeared:
Mr. Amit Jhanji, Sr. Advocate with Ms. Priyanka Kansal, Advocate, for the Appellant; Mr. G.S. Punia, Sr. Advocate with Ms. Harveen Kaur, Advocate, for the Respondent.

JUDGMENT

Harkesh Manuja, J. - Present second appeal has been filed challenging the impugned judgments and decrees dated 17.04.2015 and 01.08.2019 passed by the Courts below; whereby a suit for declaration claiming ownership to the extent of half share qua the property in dispute has been decreed in favour of respondent/ plaintiff (hereinafter referred to as 'the respondent').

2. The facts leading to the present appeal are that in the present case the property left by deceased Shamsher Singh has become an apple of discord between his mother i.e. appellant/ defendant (hereinafter referred to as 'the appellant') and his widow i.e. respondent. As per the case set up in the plaint, leaving behind the suit property Shamsher Singh unfortunately died intestate on 28.05.2009 and respondent as well as the appellant as his Class I legal heirs. The respondent further submits that mutation No.383 dated 26.11.2019 was entered into in the name of both the Class I legal heirs though later impugned in appeal at the instance of present appellant having set up a registered Will dated 18.05.2009 in her favour. As per the plaint, the Will dated 18.05.2009 happens to be a forged and fabricated document be

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