TEJA SINGH AND ORS Vs. TEJO AND ORS

JUDGEMENT

(1.) Banta Singh died about 9/10 years before filing of the suit by Plaintiff-Respondents. He was survived by Dhan Kaur widow-Defendant No. 4 to the suit; three sons namely Teja Singh, Mohinder Singh and Ajit Singh-Defendants No. 1 to 3 respectively to the suit; and three daughters namely Banso and Mindo-Defendants No. 5 and 6 to the suit and Tejo-Plaintiff to the suit.

(2.) Present appeal has been filed by Defendants to the suit. Plaintiff-Respondent claimed that after the death of Banta Singh, all the legal heirs became owners in equal share, i.e. 1/7th share each. She further stated that her father had not executed any valid Will with a sound disposing mind. It was further stated that the Defendant-Appellants had forged the Will, which was wrong and the natural succession should take place. In the suit so filed, the Defendant-Appellants had not caused appearance and they were proceeded against ex-parte. The trial Court held that since the Plaintiff had claimed that the Will was forged and fabricated, she should have proved this fact and unless it is proved, the mutation granted by the Tehsildar, Phillour, relying upon the Will dated 11th December, 1972 could not be set aside.

(3.) According to the grounds of appeal, Banta Singh had executed the Will in England.