PITAMBER SINGH Vs. RATTU SINGHLABIC

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in the plaintiffs' second appeal are as under: -

(2.) The plaintiffs, two in number, brought an action for declaration of their title, permanent injunction and for declaring the will dated 16- 12-1984 as illegal stating inter alia that the suit property was originally self-acquired property of Gokul Singh and said Gokul Singh during his lifetime, kept his son-in-law Jokhan Singh as gharjamai and his daughter Andhiya Devi as gharjiha and during his lifetime, said Gokul Singh was in possession of the suit land. It was further pleaded that after the death of Gokul Singh, his widow Thakni Devi and his daughter Andhiya Devi were in possession of the suit land and after their death, the property came in the possession of Jokhan Singh and the plaintiffs are sons of Jokhan Singh. Since defendant No.1 got the suit land mutated on the basis of will dated 16-12-1984 executed by Smt. Thakni Devi, the instant suit was brought claiming aforesaid reliefs.

(3.) Defendant No.1 filed his written statement and averred that Thakni Devi had executed will dated 16-12-1984 in his favour out of love and affection and since then he is in possession of the suit land and as such, the suit deserves to be dismissed.