MOHINDER SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) THE defendant -appellant has challenged the decree of the appellate Court in favour of the respondent -plaintiffs holding that Bhan Kaur respondent -plaintiff was entitled to inherit the estate of Sawan Singh and the appellant -defendant was not proved to be the son of Sawan Singh as claimed and was not entitled to inherit the estate of Sawan Singh.

(2.) THE respondent -plaintiff filed suit for declaration and injunction alleging that she was sister of Sawan Singh and defendant No. 1 falsely claimed himself to be son of Sawan Singh and also falsely claimed having a will executed by Sawan Singh in his favour. The original Plaintiff died and was substituted by the legal representatives. The defendant contested the suit. It was stated that the defendant was the son of Sawan Singh and on the basis of relationship as well as a registered will dated 19.3.1966, he was entitled to succeed to his estate.

(3.) LEARNED counsel for the appellant submitted that the finding of the lower appellate Court was perverse and contrary to law. Learned counsel for the respondent has supported the reasoning and finding recorded by the lower appellate Court.