RAMI Vs. SOHAN SINGH

JUDGEMENT

(1.) Defendant has come up in second appeal against the judgment and decree of the first appellate Court affirming on appeal those of the trial Court whereby the suit of the plaintiffs for grant of a declaration to the effect that they are the owners-in-possession of the suit land as heirs on the basis of registered Will dated January 25, 1926 executed by Smt. Rajji deceased and that the mutation No. 1319 dated August 1, 1958 had been wrongly sanctioned in favour of the defendant was decreed.

(2.) The facts : To appreciate the relationship of the parties inter se reference to the following pedigree-table will be helpful :

(3.) Issue No. 1 was answered in favour of the plaintiffs and it was held that Smt Rajji had executed a valid Will dated January 25, 1926 in favour of Badan Singh, Kaka Singh sons of Deva Singh and Mohinder Singh son of Kishan Singh; issues No. 3, 4, and 5 were dealt with together and were answered in favour of the plaintiffs; issue No. 2 was not decided in view of the finding that a valid Will was executed by Smt. Ranjji in favour of the plaintiffs. Accordingly the suit was decreed.