CHAMAN LAL Vs. DAVID

JUDGEMENT

(1.) This is a second appeal filed by the plaintiff/appellant, assailing the judgment and decree dated 29.7.1981 passed by the learned trial Court in Suit No. 74 of 1981 and judgment and decree dated 4.3.1982 passed by the learned first Appellate Court/Addl. District Judge, Ambala, thereby dismissing the first appeal of the plaintiff.

(2.) The brief facts of the present case are that plaintiff/appellant has filed a suit for partition seeking 1/4th share in the property in dispute. Defendants No. 1 to 3 are the real brothers of the plaintiff. Sonny Narsingh, Christian who was the owner of the property in dispute had died living behind four sons i.e. plaintiff and the defendants No. 1 to 3. During the pendency of the case, defendant No. 2 - Samuel died, hence, by way of amendment plaintiff claimed 1/3rd share in the property in dispute left behind by his father Sonny Narsingh, deceased.

(3.) Defendants contested the suit by way of filing the written statement and contended that their father Sonny Narsingh during his lifetime has executed the Will bequeathing entire property in favour of defendants No. 1 and 2. It has further been pleaded by the defendants that plaintiff has taken original Will from the defendants on the pretext of showing the same to his advocate and the plaintiff did not return the said Will.