JOGINDER SINGH ALIAS RAJINDER SINGH Vs. DHARUV SINGH

JUDGEMENT

(1.) The plaintiff is in second appeal challenging the Judgment and decree passed by the first appellate court whereby the decree granted by the learned trial court was reversed and his suit for declaration to the effect that the plaintiff is owner of 45 kanals 13.5 marlas of land was dismissed.

(2.) Plaintiff and defendant No. 1 are the sons of Hakam Singh. The dispute in the suit is regarding the estate of their uncle Hans Raj who died on 20.3.1975. Hakam Singh, the father of the plaintiff and defendant No. 1, had died in the year 1952-53. Hans Raj died unmarried and issueless and therefore, the plaintiff filed the suit for declaration that he inherits the estate of deceased Hans Raj equally with defendant No. 1 on the basis of Will dated 29.8.1962. It was alleged that the said Will is in possession of defendant No. 1. The plaintiff was in Army and was posted in Field Area and therefore, defendant No. 1 taking advantage of the absence of the plaintiff got attested mutation in his name alleging Will executed in his favour by Hans Raj. It was the case of the plaintiff that no Will was executed by Hans Raj in sound and disposing mind in favour of defendant No. 1 alone. Such a document is fictitious and false and brought about in conspiracy with the witnesses.

(3.) Defendant No. 1 controverted the allegations of the plaintiff by filing a written statement and alleging that he and the plaintiff were the only legal heirs of Hans Raj. He admitted that Hans Raj executed will dated 29.8.1962 in his favour and in favour of the plaintiff which was got registered. However, on 2.9.1971, Hans Raj made another Will in his favour alone to the exclusion of the plaintiff who joined services in the Army and completely neglected and deserted Hans Raj. Defendant No. 1 served Hans Raj and in lieu of the services, he executed a valid will on 2.9.1971 in his favour in sound disposing mind and got the same registered. Mutation was also attested on the basis of that Will after the death of Hans Raj.