BALKAR SINGH Vs. GURNAM SINGH

JUDGEMENT

(1.) Chanan Singh was owner of 52 Kanals 5 Marlas of land situate in village Loharka Kalan, Tehsil Amritsar and 33 Kanals 10 Marlas of land and one house situated in village Kathanian, Tehsil Amritsar. He died issueless and without leaving a widow on October 4, 1966. Balkar Singh appellant filed this suit (which has given rise to this appeal) for possession of the aforesaid properties on the ground that the deceased had executed a will in his favour on June 13, 1966. The plaintiff claims himself to be sister's son of the deceased. His allegation is that the defendants have illegally taken possession of these properties after the death of Chanan Singh.

(2.) Defendant No. 1 Gurnam Singh (now respondent No. 1) contested the suit. He objected to the valuation of the suit for the purposes of Court-fee and jurisdiction and the locus standi of the plaintiff to file the suit. He further pleaded that the alleged will set up by the plaintiff was not the last will of Chanan Singh. In fact, on October 3, 1966 he had executed and got registered a will in his favour bequeathing all his properties to him and thus he is the rightful heir of the deceased.

(3.) Feeling aggrieved Balkar Singh plaintiff filed appeal which was heard by the Additional District Judge, Amritsar. Before him only issue No. 4 was argued. He confirmed the finding of the learned trial Court under that issue. Consequently, he dismissed the appeal. Still being not satisfied, Balkar Singh has come to this Court in second appeal. In this Court also only issue No. 4 was argued. Therefore, I will discuss that issue only.