PRITAM SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed by Pritam Singh, defendant, against the judgment and decree dated 25.4.1985, passed by the learned Additional District Judge, whereby the appeal, filed by Smt. Surjit Kaur plaintiff, was accepted, the judgment and decree, passed by the trial Court, were set aside and the suit of the plaintiff was decreed by the learned Additional District Judge.

(2.) THE facts, in brief, are that Smt Surjit Kaur and Jarnail Singh (plaintiffs) filed a suit for declaration against Pritam Singh and others (defendants), alleging therein that the plaintiffs were the sole owners of the land measuring 29 kanals 19 marlas, by virtue of the Will dated 5.5.1969, executed by Puran Singh, deceased, and that the defendants had no right, title or interest in the suit property. It was alleged that Labh Singh had sold the suit land to Puran Singh, father of plaintiff No. 2, and defendant Nos. 1 to 3 through Prem Chand, as per the decree passed by the Civil Court and as such the suit property was the self-acquired property of Puran Singh. It was alleged that plaintiff No 2 and defendant No. 2, husband of plaintiff No. 1 had rendered all kind of help to Puran Singh, deceased, in prosecuting the Civil Suit and had been rendering services to Puran Singh, deceased, and that plaintiff No. 1 had also rendered services to Puran Singh, deceased, in his old age. It was alleged that Puran Singh, deceased, made Will on 5.5.1969 in favour of the plaintiffs regarding the suit land. It was further alleged that Puran Singh had mortgaged this land with Jagir Singh for paying the sale price to the vendees and that since then, Jagir Singh was in possession of the entire land as mortgagee. It was alleged that the Revenue Officers had wrongly sanctioned mutation of inheritance No. 438 dated 26.3.1981 in favour of plaintiff No. 2 and defendant Nos. 1 to 3, in equal shares, ignoring the Will dated 5.5.1969, which was validly executed by Puran Singh in his sound disposing mind in favour of the plaintiffs.

(3.) AFTER hearing both the sides, the learned trial Court dismissed the suit of the plaintiffs, holding that the plaintiffs had failed to prove the execution of the Will dated 5.5.1969, by Puran Singh, deceased, in their favour. However, the appeal, filed by Smt. Surjit Kaur, plaintiff, was accepted by the learned Additional District Judge, the judgment and decree of the learned trial Court, were set aside and the suit of the plaintiffs was decreed, holding that the execution of the Will in question was fully proved on the record. Aggrieved against the judgment and decree of the learned Additional District Judge, Pritam Singh, defendant, filed the present Regular Second Appeal in this Court.