GURDEV SINGH Vs. KARTAR SINGH

JUDGEMENT

(1.) THIS judgment will dispose of RSA No. 264 of 1981 (filed by defendant No. 1 to 6) and RSA No. 330 of 1981 filed by the plaintiffs, as both these appeals arise out of same proceedings.

(2.) THE appellate Court has decreed the suit of the respondents-plaintiffs to the extent of 1/4th share of the land inherited by Dalip Kaur as described in the plaint, modifying the decree of the trial Court decreeing the plaintiff's suit regarding the entire land of Dalip Kaur.

(3.) MR . H.L. Sibal, Senior Advocate for the appellants in RSA No. 264 of 1981 did not challenge the finding relating to the relationship of the respondent- plaintiffs to the deceased Dalip Kaur but challenged the findings on the question of will. He has relied upon decision reported in Kamla Devi and others v. Kishori Lal Labhu Ram and others, 1962(64) P.L.R. 196 in support of his submission that intention of the testator had to be seen. He has relied upon decision reported in Sushila Devi v. Pandit Krishna Kumar and others, AIR 1971 SC 2236 to the effect that not bequeathing property to children does not make the will bad. He also relied upon decision reported in Bhawan Kaur v. Kartar Kaur and others, 1994(5) SCC 135 to the effect that validity of will was not a question of fact. He also relied upon decision reported in Kartar Kaur and another v. Madho and others, 1996(1) JT 511 (paras 19 and 20) for submitting that the test for judging the validity of the will was whether a prudent person in the position of the testator could have made such a will. He also submitted that the Supreme Court has itself appreciated the evidence for deciding the question whether the will was valid and the said question could be gone into in the appeal.