KASHMIR SINGH Vs. SUCHA SINGH & OTHERS

JUDGEMENT

(1.) The suit of the plaintiff -respondent Sucha Singh was decreed by the trial court, Kashmir Singh's appeal having been dismissed by the lower appellate court, he has come up in second appeal to this Court. A few facts as admitted between the parties may be noticed.

(2.) Achhar Singh who was the last holder so the property died on December 27,1972. Proceedings for the mutation were initiated. There were three sets of claimants to the estate of deceased Achhar Singh. First was Sukhdial Singh son of Kashmir Singh who claimed that he had been adopted as a son. The second set of claimants consisted of Sucha and others who claimed inheritance of the estate as natural heirs. The third claimant was Kashmir Singh who claimed the property on the basis of a registered will. The Assistant Collector 1st Grade by his order dated January 4, 1974 held that the will "Ex -P 1 is a genuine document and I have no hesitation in sanctioning the mutation in accordance with its terms. I therefore sanction mutation of inheritance of the estate of Achhar Singh deceased in favour of Kashmira Singh." A copy of this order appears at page 293 of the record of the lower court.

(3.) Sucha Singh and Katha Singh filed a suit for possession to the extent of 1/6 share in the land. The claim was based on the ground that he was natural heir of Achhar Singh, being the brother's son and was, therefore, entitled to succeed to the property. It was also averred that the will if any, in favour of Kashmir Singh and adoption deed in favour of Sukhdial Singh son of Kashmir Singh are fictitious. The suit was contested by the appellant and his son Sukhdial Singh.