GIAN SINGH Vs. GURBAX SINGH AND OTHERS

JUDGEMENT

(1.) This is Second Appeal from Order preferred by Gian Singh. It is unfortunate litigation among siblings.

(2.) Plaintiff-appellant filed suit against respondents as defendants. Respondents no. 2 to 4 are real brothers of the appellant, whereas respondents no. 5 and 6 are their sisters. Contesting defendant no. 1 is their maternal uncle, as stated by counsel for the appellant. The dispute relates to inheritance of Bhagwan Kaur - mother of appellant and respondents no. 2 to 6. Appellant in the suit claimed natural succession and accordingly claimed 1/6th share in the land left by Bhagwan Kaur. The plaintiff challenged alleged Will dated 06.12.1999, said to have been executed by Bhagwan Kaur in favour of defendant no. 1 only.

(3.) Defendant no. 3 was proceeded ex-parte, whereas remaining defendants pleaded that Bhagwan Kaur, in sound disposing mind, executed registered Will dated 06.12.1999 in favour of defendant no. 1 alone, who is, therefore, exclusive owner in possession of the suit land left by Bhagwan Kaur. Various other pleas were also raised.