CHARAN SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) Facts giving rise to both the aforementioned regular second appeals are as under.

(2.) Dispute is regarding property left by deceased Hazara Singh son of Nathu. The present suit has been filed by Bhola Singh since deceased and represented by his legal representatives. He has claimed to be exclusive owner in possession of the property in dispute previously owned by Hazara Singh. Plea has been taken that after death of Hazara Singh, property was inherited by his wife, Smt. Sodhan Kaur, being his only legal heir and that the entries in favour of appellants-defendants No. 5 and 6, namely, Charan Singh and Bachan Singh, who are none else than sons of present appellant-plaintiff-Bhola Singh, is illegal and void. He has also challenged Will allegedly executed by Smt. Sodhan Kaur in favour of respondents-defendants No. 1 to 4, i.e., brothers and nephews of Smt. Sodhan Kaur. Plea has been taken that Smt. Sodhan Kaur, wife of Hazara Singh died on 21.1.1991 and that plaintiff is the only legal heir to inherit the property left by Smt. Sodhan Kaur as per Section 15(2) of the Hindu Succession Act, as she has inherited the property in dispute from her husband and he being brother of Hazara Singh is the only legal heir to inherit the said property left by Smt. Sodhan Kaur, which came to her from her husband. He has also challenged the Will allegedly executed by Hazara Singh in favour of his sons, i.e., defendants No. 5 and 6, namely, Charan Singh and Bachan Singh. He has also challenged the decrees allegedly suffered by Hazara Singh in favour of defendants No. 5 and 6.

(3.) Suit was contested by respondents-defendants No. 1 to 4 on the ground that earlier Hazara Singh was owner in possession of the property in dispute and after his death the same was inherited by his wife, Smt. Sodhan Kaur, being his only legal heir.