MAJOR SINGH Vs. SHER SINGH AND ORS

JUDGEMENT

(1.) Major Singh plaintiff, having remained unsuccessful in both the courts below, has approached this Court by way of instant second appeal.

(2.) The plaintiff alleged that he is owner in possession of 5/9 share of the land described in plaint and mutation No. 1832 was wrongly sanctioned in favour of Tajo (predecessor of defendants No. 1 to 4) and Biro (defendant No. 5) and the said mutation is illegal and null and void. The plaintiff also sought permanent injunction restraining the defendants from alienating the suit land in any manner and from interfering in plaintiff's possession thereof.

(3.) Plaintiff alleged that Gurdev Singh, who was previously owner of the suit land, executed a registered Will dated 04.09.1986 bequeathing the suit land in favour of the plaintiff and after the death of Gurdev Singh, plaintiff is owner in possession of the suit land. The plaintiff had rendered services to Gurdev Singh, who, in lieu of the services rendered, executed the Will in favour of the plaintiff.