MOHINDER Vs. NAGINA

JUDGEMENT

(1.) Present respondent-Nagina filed a suit for declaration that the alleged 'Will' dated 20-2-1978 purported to have been executed by his brother Balwant Singh in favour of Sat Pal, appellant is forged, fictitious and not binding on his rights to succeed to the estate left behind by Balwant Singh. Further relief for possession of 1/10th share of land measuring 79 kanals and 2 marlas detailed in the plaint was also sought. Precisely, the plaintiffs' case was that he and his brother Talab (father of Sat Pal, defendant) are the sole surviving lawful heirs to succeed to the estate of deceased Balwant Singh.

(2.) The defendants (now appellants) in the suit, contested the claim of the plaintiffs and it was pleaded in the written statement that the 'Will' in question is a legally valid documents, duly executed by Balwant Singh in favour of Sat Pal defendant. It was further averred that the 'Will' was executed by the testator with full disposing mind. In the alternative, it was also pleaded in the written statement that if Will is ignored, Sat Pal, defendant is a validly adopted son of deceased Balwant Singh and he alone would succeed to the estate left behind by Balwant Singh deceased being his lawful heir as an adopted son.

(3.) Keeping in view the respective pleadings of the parties, the Trial Court framed issues on different dates but consolidatedly are put as follows: