MUKAND SINGH Vs. MAGHAR SINGH

JUDGEMENT

(1.) THE dispute in this case relates to the estate of Harnam Singh He had 1/3rd share in agricultural land measuring 126 Kanals 16 marlas. On August 13, 1975, he executed a Will in favour of the plaintiff-respondents, who are the grand-sons of his father's brother. Soon after the execution of the Will, Harnam Singh passed away on September 17, 1975 Apprehending that the defendant-appellants are likely to alienate the property, the plaintiff respondents instituted a suit for declaration to the effect that they are the owners in possession of the land and they prayed for a perpetual injunction restraining the defendants from selling, mortgaging or alienating the property in any way to any third party.

(2.) THE suit was contested by the defendant-appellants. However, in the written statement filed on their behalf, no relationship with Harnam Singh was claimed. The learned trial Court framed the following issues :

(3.) FINDING that the Will as genuine document, the suit was decreed. The appeal of the defendant-appellants having been dismissed by the learned lower Appellate Court, they have come in the present second appeal to this Court.