LABH SINGH MINOR Vs. MAJOR SINGH

JUDGEMENT

(1.) The defendant-appellant has filed this appeal against the judgment and decree of the Additional District Judge, Ludhiana dated 13-2-1969'(Whereby the judgment and decree of the trial Court dismissing the plaintiff's' suit has been set aside and the subeen decreed.

(2.) Shrimati Santo widow of Krishan Singh deceased inherited the property in suit from her husband and she executed a will dated April 17, 1964, in favour of the defendant Labh Singh who is a minor. The Plaintiffs are the sons and daughter of Rulda Singh the brother of said Kishan Singh and as such they filed the present suit for declaration that the said will dated April 17, 1964, was illegal, void and not binding upon their rights alleging that Smt. Santo died issue less at the age of 75 years and she was weak and not in sound disposing mind, was under undue influence and in fear she executed the will in favour of the defendant. The will was also contested on the ground that the said land was ancestral, the plaintiffs are the legal heirs of Smt. Santo deceased and are entitled to succeed to the land. Since the plaintiffs claim that they are in possession of the suit land, the suit for declaration only was filed.

(3.) The defendant-appellant resisted the suit of the plaintiffs and pleaded that the will question was executed validly and under free will and disposing mind. The relationship of the plaintiffs with the deceased was admitted. It was also pleaded that Sint. Santo being the full owner of the property, the will made by her could not be challenged by the plaintiffs. On the pleadings of the parties, the trial Court framed the following issues :