HARDIAL SINGH Vs. BALBIR KAUR

JUDGEMENT

(1.) Leave granted. Respondent Nos. 1 and 2, who are plaintiffs, filed the suit seeking declaration of title and prohibitory injunction. The first defendant was the mother-in-law of the first plaintiff and the paternal grandmother of the second plaintiff. The appellant is the brother-in-law of the first plaintiff that is he is the brother of Sucha Singh.

(2.) The suit was laid on the following basis.

(3.) The defendants appealed. In the first appeal, the appellate Court reversed the decree of the trial Court. The appellate Court on appreciation of the evidence has found that there were suspicious circumstances surrounding the will dtd. 19/4/1998. It was inter alia found that the mother of Sucha Singh was living with him and there was nothing to indicate as to why he would exclude his own mother. It was further found that there were certain other circumstances including the registration of the will after the death of the testator which were considered by the first appellate Court in concluding that the will dtd. 19/4/1998 could not be accepted as genuine. It was also found that D1 will was valid. On the strength of the appreciation of the evidence the fist appellate Court set aside the judgment of the trial Court and the mother of Sucha Singh was found to have legal right with the plaintiffs.