Surjit Singh vs Swarn Kaur - 2023 Supreme(P&H) 2793

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2793

ARUN MONGA
Surjit Singh – Appellant
Versus
Swarn Kaur – Respondent

Advocates Appeared:
Mr. Sachin Mittal, Advocate, Ms. Seemantika Jindal, Advocate for Appellants.
Mr. Vivek Suri, Advocate for caveator/Respondent No.1.

JUDGMENT

Arun Monga, J. (Oral)

CM-2066-C-2020

Allowed as prayed for, subject to all just exceptions.

Main case (O&M)

For convenience, parties herein are addressed as per the recitals before learned trial Court.

2. Having suffered concurrent adverse findings by the two Courts below, appellants/plaintiffs are in second appeal before this Court assailing learned trial Court judgment and decree dated 26.07.2016, as upheld by learned First Appellate Court vide its judgment and decree dated 18.11.2019, dismissing the suit for declaration filed by plaintiffs to the effect that on the basis of Regd. Will dated 20.01.2000 executed by late Sh. Mewa Singh son of Sh. Mangal Singh, plaintiffs and defendants No.1 and 2 are co-sharears/ co-owners in joint possession in equal shares of suit property.

3. Briefly stated, facts, as noticed by learned Courts, are as below:

"2. The brief facts as alleged by the plaintiffs in the plaint are that previously the suit land was owned and possessed by Mewa Singh son of Mangal Singh. Mewa Singh was real uncle of the plaintiffs and was husband of defendant no.1 and father of defendant no.2. It is submitted that Mewa Singh had no male issue and Mewa Singh and his