BALJINDER SINGH Vs. RATTAN SINGH

JUDGEMENT

(1.) These appeals are directed against a common judgment of a learned Single Judge of the Punjab and Haryana High Court disposing of three Second Appeals filed under Section 100 of the Code of Civil Procedure, 1908 (in short 'CPC'). All the three appeals and the cross objections filed related to certain acts of one Shivdev Singh. All the appeals and cross objections were dismissed except with certain modifications.

(2.) The background facts in a nutshell are as follows:

(3.) However, in three separate appeals, the first Appellate Court reversed the findings recorded by the trial Court. The first Appellate Court held that Civil Suit No.171 and 172 of 1994 are within the period of limitation as cause of action arose to them when they were excluded from the Joint Hindu Family property in the year 1992. However, in respect of the will, the first Appellate Court held that it is surrounded by suspicious circumstances and consequently decreed the suit holding that the estate of Shiv Dev Singh will vest on the coparceners Rattan Singh, Jaspal Singh and Iqbal Kaur wife of Rattan Singh in equal shares and thus plaintiff Lt. Col. Rattan Singh would have 1/3rd share and the defendants Jaspal Singh and Iqbal Kaur would have 2/3rd share.