BACHAN SINGH Vs. BAKHSHISH SINGH

JUDGEMENT

(1.) FOR a better understanding of the case, the following pedigree table is given :-

(2.) RATTAN Singh was owner in possession of 1/2 share of land measuring 94 kanals 7 marlas situated in village Jalalpura as detailed in the heading of the plaint. Rest 1/2 share of land measuring 94 kanals 7 marlas was owned by Bakhshish Singh and his two brothers Darshan Singh and Bachan Singh. Bakhshish Singh instituted suit for declaration against Darshan Singh and Bachan Singh etc. defendants to the effect that he is owner in possession of 1/2 share of land measuring 94 kanals 7 marlas pertaining to Rattan Singh on account of will dated 29.12.1978 executed by him in his favour to the exclusion of Darshan Singh and Bachan Singh etc. defendants. It was alleged in the plaint that Rattan Singh was bachelor. He was putting up with him (Bakhshish Singh) jointly. He (Bakhshish Singh) was looking after him and serving him. He was joint in mess and cultivation with Rattan Singh. Rattan Singh had love and affection being rendered by him to him. He, therefore, constituted him as his sole heir by will dated 29.12.1978 thereby bequeathing his entire property movable and immovable to him. So far as other brothers of Bakhshish Singh i.e. Bachan Singh and Darshan Singh are concerned, they are residing in U.P. They were not in a position to look after and serve Rattan Singh. Similarly, Bakhshish Singh's sisters were putting up with their in-laws and were not in a position to look after and serve Rattan Singh. Rattan Singh died in September 1979. His last rites were performed by him (Bakhshish Singh). Mutation No. 943 was entered by the patwari in his favour on the basis of that will. That Mutation was rejected by SDO (Civil) exercising the powers of Assistant Collector Ist Grade, Amritsar unjustly thereby ignoring the will, Darshan Singh etc. had no right, interest or title in the inheritance of Rattan Singh and as such he asked for permanent injunction restraining them from interfering in his possession.

(3.) ON the pleadings of the parties, the following issues were framed by the trial Court :-