JAI SINGH Vs. JAGJIT SINGH

JUDGEMENT

(1.) The appellant-plaintiff filed suit for possession alleging that the suit property was an evacuee property and was allotted to Sant Singh, who agreed to sell the same to the plaintiff and apart from agreement to sell dated 1.8.1971, said Sant Singh executed a will dated 22.8.1971 in favour of the plaintiff. Sant Singh died on 26.3.1973 but the defendants, heirs of Sant Singh, forcibly dispossessed the plaintiff and a conveyance deed dated 18.4.1978 had already been executed by the plaintiff. The defendants contested the suit.

(2.) The trial Court had given detailed reasoning for not accepting the agreement to sell dated 1.8.1971 but surprisingly reached a conclusion that the agreement to sell had been executed. However, the suit was dismissed rejecting the will and also holding that the plaintiff was not in possession any conveyance deed in favour of the plaintiff was based on will, which was held to be invalid.

(3.) Counsel for the appellant-plaintiff submitted that the will has been wrongly held to be invalid and has relied on decision reported in Daljinder Singh v. Harbans Kaur, 2001 2 RCR(Civ) 294 in support of his contention that exclusion of natural heirs, omission of details of the property or of the fact that the will was the last will, will not make the will invalid.