BALBIR AND ANOTHER Vs. GULAB SINGH AND OTHERS

JUDGEMENT

(1.) This is second appeal by defendants no. 2 and 3. Suit was filed by respondents no. 1 and 2/plaintiffs against the appellants, proforma respondent no. 3 and predecessors of respondents no. 4 to 10. It is undisputed that plaintiffs and defendants no. 1 to 4 are/were sons of Madho Ram whereas defendant no. 5 was daughter of Madho Ram. Madho Ram died on 29.7.2002. Plaintiffs' case is that both the parties being the sole natural legal heirs of Madho Ram are owners in possession of the suit land, left by Madho Ram in equal shares i.e. 1/7 th share each.

(2.) Plaintiffs sought declaration to this effect along with permanent injunction. Legal representatives of defendant no. 5 admitted the claim of the plaintiffs by filing written statement whereas defendant no. 4 was proceeded against ex parte.

(3.) Only defendants no. 1 to 3 contested the suit. They set up registered Will dated 19.7.2002 allegedly executed by Madho Ram in favour of defendants no. 2 and 3 only.