HARMAIL SINGH AND ANOTHER Vs. BALKARAN SINGH

JUDGEMENT

(1.) The plaintiff-appellants are in second appeal having remained unsuccessful in both the Courts below.

(2.) The plaintiffs filed a suit for declaration in respect of the suit land claiming to be the owners in possession of 5/18 th share out of land measuring 97 kanals 18 marlas situated at village Ahmedpur, Tehsil Budhlada, District Mansa as also owners of 18 kanals of land out of a different khasra number situated in the same village on the basis that they are the only legal heirs of Bihara Singh who was the owner of the aforementioned suit land and as such, were to succeed to his estate, in law. It was pleaded that the defendant had no concern with Bihara Singh. The defendant had forged and fabricated a Will dated 16.6.1994 in his favour and on the basis thereof had illegally got mutation No.4768 sanctioned from the Assistant Collector Ist Grade, Budhlada on 12.8.1999 in respect of the suit land. It was, accordingly, prayed that the mutation sanctioned on the basis of the Will dated 16.6.1994 is illegal and void as Bihara Singh had never executed any Will during his life time.

(3.) The suit was contested and the defendant filed a written statement admitting the fact that Bihara Singh was the owner of the suit property as described in para 1 of the plaint. It was stated that Bihara Singh died on 8.1.1999 and that he died unmarried and issueless. It was stated by the defendant that Bihara Singh executed a will dated 16.6.1994 in sound, disposing mind in favour of the defendant in the presence of witnesses. During the life time of Bihara Singh, the defendant as also his mother and other members of his family used to serve him and it was in lieu of services so rendered that the registered will dated 16.6.1994 had been executed. The defendant also stated that the original pass book of the Bank, identity card of Bihara Singh as also other original documents which were in the possession of the defendant would clearly demonstrate that Bihara Singh used to reside with the defendant. Defendant further stated that he had even performed the last rites of Bihara Singh.