IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: January 22, 2026 Date of Pronouncement: February 17, 2026 Uploaded on: February 17, 2026 Sinder Singh and others ...Appellants VERSUS Surjit Singh and others ...Respondents CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present: Mr.Lalit Kumar Yadav and Mr.Suresh Kumar, Advocates for the appellants.

None for respondents No.1 and 2.

Respondent No.3 need not be served as not necessary party, vide order dated 12.01.1994.

Respondents No.4 to 6 proceeded against ex-parte.

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ARCHANA PURI, J.

Ranjit Singh and his sons have filed the regular second appeal to assail the judgment of decretal of the suit passed by learned trial Court dated 08.12.1987 and also the affirmatory judgment dated 20.04.1991 passed by learned First Appellate Court.

The facts germane, to be noticed, are as follows:-

That, initially Sarjeet Singh and Harchand Singh, sons of Kehar Singh had a filed a suit against Ranjit Singh and his sons. Besides these appellants, even the suit was originally filed against Kehar Singh s/o Gata Singh, who was father of the respondents/plaintiffs-Sarjeet Singh and Harchand Singh and their brother Ranjit Singh-appellant No.4/defendant No.2. However, after the institution of the suit, Kehar Singh had died. Besides Ranjit Singh and plaintiffs Sarjeet Singh and Harchand Singh, other legal heirs of Kehar Singh, his daughters, namely, Sarjit Kaur, Gurmit Kaur, Amarjit Kaur and Jaspal Kaur were brought on record as proforma defendants.

The suit for declaration, permanent injunction and joint possession of the land, as detailed at ‘X’ of in the headnote of the plaint, was filed. This is the agricultural land bearing Killa No.2(0-3) of Rect. No.49, Killa No.7/3(7-4), 8 Min (5-0) of Rect No.17 and in the revenue record, the name of Kehar Singh was reflected qua this land, situated in village Madhopur, Tehsil Sirhind. The respondents-plaintiffs asserted about the suit land to be joint Hindu Family coparcenary property of Kehar Singh (now deceased) and his sons. However, the appellants-Sinder Singh, Harjinder Singh and Davinder Singh, sons of Ranjit Singh, claimed that their grand- father Kehar Singh had executed a Will, regarding the suit land, in their favour on 06.02.1985.

It is categoric claim of the plaintiffs-respondents that Kehar Singh had never executed any such Will, in favour of the defendants-appellants, nor any such Will, if produced in the Court, could have been executed by Kehar Singh, as the suit land was joint Hindu Family coparcenary property and otherwise also, such a Will was result of fraud, misrepresentation and undue influence. Since, there was threat to alienate the suit land, the plaintiffs had filed the suit against the appellants and Kehar Singh for declaration that the suit land was joint Hindu Family coparcenary property and secondly that, neither any Will has been executed by Kehar Singh, in favour of the defendants-appellants Sinder Singh etc., nor any such Will, if proved on record, was a valid Will and the execution of the same was result of fraud, misrepresentation and undue influence. Besides the same, even permanent injunction was sought to restrain the defendants-appellants from effecting any sale, mortgage, gift and alienating the same, in any manner. However, on the other hand, the appellants (who were defendants before the trial Court) denied about the suit land to be joint Hindu Family coparcenary property. In fact, they asserted that the suit land was self-acquired property of Kehar Singh. They also asserted about the Will dated 06.02.1985, to have been executed by their grand-father Kehar Singh and it was a valid document. Besides the same, also an objection was raised that Sarjeet Singh-plaintiff had left his claim, in favour of Sinder Singh-defendant and therefore, Sarjeet Singh, does not want to pursue with the suit and thus, the same was liable to be dismissed against him.

In the replication, the respondents-plaintiffs controverted the averments