NARINDER SINGH RAO Vs. AVM MAHINDER SINGH RAO

JUDGEMENT

(1.) Being aggrieved by the Judgment delivered in Civil Regular Second Appeal No. 3937 of 2005 and Cross Objection No. 9-C of 2005 dated 21st May, 2010 by the High Court of Punjab & Haryana at Chandigarh, these appeals have been filed by original defendant No.1.

(2.) The facts giving rise to the appeals in a nutshell are as under: Rao Gajraj Singh and his wife Sumitra Devi were occupiers of the suit property. The property appears to have been constructed somewhere in 1935 and as per the municipal record, it belonged to Rao Gajraj Singh. A document was executed by Rao Gajraj Singh to the effect that upon death of himself or his wife, the suit property would be inherited by the survivor.

(3.) After the death of Sumitra Devi, her four children, one of them being the present respondent No.1, filed a suit for declaration claiming their right in the suit property. Subsequently, the plaint was amended so as to make it a suit for partition. According to the case of the said children, the Will was not genuine and therefore, the said Will could not have been acted upon and as Sumitra Devi was survived by eight children, the suit property would be inherited by all the children. Thus, each child had 1/8th share in the suit property.