THAN SINGH Vs. MAJBOOT SINGH

JUDGEMENT

(1.) This appeal has been heard on the following substantial question of law :-

(2.) Briefly stated relevant facts are that the disputed land belonged to Bhairosingh, who had three sons namely; Majboot Singh - plaintiff No. 1, Hukum Singh - plaintiff No. 2 and Than Singh - defendant No. 1. Civil Suit No. 26A/67 was instituted by Bhairosingh for declaration of title, which ultimately stood decreed from this Court in S. A. No. 34/82 vide judgment dt. 12-2-1982 (Ex.P/1). During pendency of this appeal, Bhairosingh died and the name of Than Singh (present defendant/appellant) was brought on record on the strength of an alleged Will dt. 15-10-1979. It is alleged in the plaint that plaintiffs and defendant No. 1 being real brothers, inherited the suit land with l/3rd share each. Declaration to the said effect was sought with mesne profits at the rate of Rs. 1,000/-p.a.

(3.) Defendant/appellant submitted his written statement refuting thereby the claim of the plaintiffs. It was stated that Bhairosingh executed a Will during his lifetime in respect of suit land on 15-10-1979 in favour of defendant/appellant. Thus, the plaintiffs have no right, title or interest in the suit land. Moreover, name of defendant/appellant alone was substituted in the case of Bhairosingh in S.A. No. 34/82 plaintiffs being bound by these proceedings are estopped from challenging the Will.