JASPAL SINGH Vs. GURCHARAN KAUR

JUDGEMENT

(1.) C.M.No.14323-CI of 2009 C.M. is allowed as prayed for. R.S.A.No.4818 of 2009 This appeal by the defendants is directed against the judgments of the learned trial court dated 18.10.2008 and that of the first Appellate Court dated 25.8.2009.

(2.) The plaintiff-respondent is daughter, appellant no.1 is son and appellant No.2 is widow of one Hazura Singh whose estate is in question. The plaintiff-respondent claimed 1/3rd share out of the suit property belonging to Hazura Singh on the basis of inheritance whereas the appellants claimed the property on the basis of Will dated 24.5.1984. The plaintiff-respondent further pleaded a registered cancellation deed rescinding the Will in favour of the appellants. The appellants then set up another document to say that this cancellation deed had also been cancelled by Hazura Singh during his life time. With the aforesaid pleadings and their respective stands the parties went to trial on the following issues :-

(3.) The learned trial court as also the first Appellate Court held that the Will had been rescinded by the cancellation deed the execution of which had been duly proved by the plaintiff-respondent and did not accept the subsequent document set up to plead revocation of the cancellation deed set up by the appellants. The claim of the plaintiff-respondent to 1/3rd share of the suit property was answered in the affirmative. In appeal, the findings of the learned trial Court were affirmed.