SURINDER SINGH Vs. NIHALO

JUDGEMENT

(1.) This order will dispose of Regular Second Appeal No. 595 of 1971 and Regular Second Appeal No. 297 of 1971, being cross appeals arising out of one suit.

(2.) This Court by order dated 15.11.1981 decided the aforesaid Regular Second Appeals, Regular Second Appeal No. 297 of 1971 was allowed and Regular Second Appeal No. 595 of 1971 was dismissed, with the result that the suit filed by the plaintiffs to avoid the sale under custom stands dismissed. However, the finding of Courts below that the will was duly executed was upheld. Similarly, the finding of lower Appellate Court that the gift made in favour of Gopal Singh and Gurbux Singh was absolute, had also been upheld.

(3.) The facts as narrated by this Court in its order dated 5.11.1981, are as follows :