MOHINDER SINGH AND ANR. Vs. JASSO AND ANR.

JUDGEMENT

(1.) This is plaintiff's second appeal directed against the judgment and decree of the Courts blow dismissing his suit for declaration to the effect that the plaintiff is owner of suit land and defendants have no right or interest therein.

(2.) The dispute in this case is in regard to the estate of Baj Singh Only.

(3.) In brief, the facts are that Gulab Singh had two sons, Sunder Singh and Kishan Singh. Sunder Singh had a son, Baj Singh who died issueless in 1967. Kishan Singh had two daughters, namely, Jasso and Dhanno (respondents herein). On the death of Baj Singh, property owned by him was inherited by defendants Jasso and Dhanno and mutation dated 17.4.1968 was sanctioned in their favour. Accordingly, defendants Jasso and Danno became owners in equal shares of property which originally belonged to Gulab Singh. Pal Singh plaintiff filed appeal against order of mutation before the Collector but the same was dismissed it is thereafter that the suit out of which present second appeal has arisen, was filed by Pal Singh for declaration that he is owner in possession of suit land and defendants Jasso and Dhanno had no right or interest in the suit land. He alleged that Baj Singh had executed Will dated 26.9.1958. He further alleged that he used to reside with Baj Singh and in lieu of services rendered by him to Baj Singh, the latter executed Will in his favour bequeathing his right in the suit property in his favour.