GIAN CHAND Vs. SURJIT SINGH

JUDGEMENT

(1.) Gainda Ram was the last owner and predecessor-in-interest of the plaintiff and respondents. He executed a Will in favour of the plaintiff-appellants on 11.1.1971 and thereafter, he executed another Will in favour of the defendant-respondents on 15.2.1971. On 3.3.1971, defendant-respondents executed a writing by which they admitted the plaintiff-appellants to be the owners of the house in dispute which had been bequeathed by Gainda Ram in favour of the plaintiffs at the first instance and later in favour of the defendant-respondents.

(2.) Gainda Ram died in June, 1971. Plaintiff-appellants filed the present suit alleging that there was a Will dated 11.1.1971 in their favour which had been admitted by the defendant-respondents in writing on 3.3.1971 but inspite of that, defendant-respondents are threatening to take forcible possession of the house in dispute. Hence, the present suit.

(3.) Suit was contested by the defendant-respondents who propounded the Will dated 15.2.1971 Exhibit D/1 in their favour and, therefore, claimed that they are owners of the house in question. The house in dispute was pleaded to be ancestral of Gainda Ram who had no authority to execute the Will relating thereto. Possession of the plaintiffs as well as maintainability of the suit was disputed.