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 real brother Modan Singh (father of plaintiffs) were members of Joint Hindu Family and were living jointly with the plaintiffs. It is further submitted that since deceased Mewa Singh was not having his legitimate son and he was being served and looked after by plaintiffs since long and in lieu of services rendered by the plaintiffs to Mewa Singh and defendants, Mewa Singh (now deceased) with his own will executed valid registered Will dated 20.1.2000 in favour of plaintiffs as well as in favour of defendants no.1 and 2 and bequeathed his land situated in villages Kailon and ChapperChiri Khurd in favour of plaintiffs and defendants no.1 and 2 in equal shares. It is further submitted that the said Will dated 20.1.2000 was got executed by Mewa Singh deceased with his own free will in sound disposing mind in the presence of marginal witnesses and was thumb marked by him after admitting the same to be true and the witnesses also attested the said Will in presence of Mewa Singh. The said Will was also got registered from Sub Registrar, Mohali on the same day. Mewa Singh had died on 8.3.2012 and plaintiffs performed all the last rites of deceased Mewa Singh in their house at Kailon. It is further submitted that the original Will was in possession of Modan Singh real brother of deceased Mewa Singh and now the same has been found to the plaintiffs from his luggage few months back. It is further submitted that plaintiffs came to know after obtaining copies of revenue record that defendants no.1 and 2 have got the mutation no.2141 regarding the land situated in village Kailon and mutation no.2388 regarding the land situated in village ChapparChiri sanctioned in their names in equal shares by playing fraud and by concealing and suppressing the factum of execution of above referred registered Will of Mewa Singh and in-collusion and in connivance with the revenue officials. The plaintiffs requested the defendants no.1 and 2 to admit their claim of ownership and possession to the extent of 3/5 share in equal shares of suit land on the basis of Will in question and to get the revenue record corrected in their names, but they refused to do so. It is further submitted that defendants no.1 and 2 are threatening to alienate the entire suit land and are also intending and threatening to interfere into the peaceful possession of the suit land, for which they have no right to do so. Hence, the present suit."

4. Upon notice, defendants No.1 and 2 appeared and filed written statement taking preliminary objections that suit was not maintainable; plaintiffs had no locus standi to file suit and it was barred by limitation.

4.1. On merits, it was admitted that suit property was owned and possessed by Mewa Singh, who was in cultivating possession of suit property during his lifet