UJAGAR SINGH Vs. GURDIP SINGH

JUDGEMENT

(1.) In this Regular Second Appeal, the defendant has questioned the judgment and decree of the first appellate Court affirming on appeal those of the trial Judge whereby the suit of the plaintiffs for declaration that they were owners-in-possession along with defendant-appellant was decreed.

(2.) Chet Singh died leaving behind five sons, namely, Hazara Singh, Kartar Singh, Buta Singh, Amar Singh and Ujagar Singh. Amar Singh died issueless. Hazara Singh bequeathed his estate under will dated November 15, 1970 in favour of the sons of his brother Kartar Singh and Buta Singh, one-third each, and Ujagar Singh his brother. He died on December 5, 1970. The beneficiaries under the will entered into possession of their respective shares. The revenue authorities attested the mutation of inheritance of Hazara Singh deceased in favour of his brother Ujagar Singh discarding the will. This necessitated the filing of the suit for declaration by the plaintiff-respondents.

(3.) The only dispute in the suit was whether Hazara Singh executed a valid will dated November 15, 1970 in favour of the plaintiffs and defendant Nos. 1 and 3. The Courts below after careful perusal of the evidence brought on record arrived at the finding that the will was valid. They also took note of the fact that even the contesting defendent-appellant admitted in the course of examination that the deceased loved his nephews and his brother alike. Taking all the evidence into consideration, the Courts below arrived at a firm finding that the will was free from any undue influence on the testator. It is essentially a finding of fact and not open to any exception in the Second Appeal.