YASH PAL SINGH Vs. RAJ PAL SINGH

JUDGEMENT

(1.) THIS is plaintiff's appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity, 'the Code') impugning the judgment and decree dated 12.10.1982 passed by the learned Additional District Judge, Jalandhar dismissing his suit for possession of House No. WB-150, Ali Mohalla, Bazar Sheikhan, Jalandhar. The learned Additional District Judge has reversed the findings of the trial Court which had decreed the suit vide judgment and decree dated 26.8.1981 by holding that the will Ex.P1 dated 5.9.1977 was the genuine will whereas the will set up by defendant-respondent No. 2 dated 11.4.1979 Ex.D1 was surrounded by suspicious circumstances and the same was liable to be ignored.

(2.) BRIEF facts of the case which have led to the filing of this appeal by the plaintiff-appellant are that Civil Suit No. 24 of 1980 for possession of the suit property was filed on 5.2.1980 claiming that father of the plaintiff- appellant Shri Sain Dass was the owner in possession of the suit property. It has been claimed that the suit property was the self acquired property of Shri Sain Dass who had died on 26.7.1979. The plaintiff-appellant propounded a registered will dated 5.9.1977 executed by Shri Sain Dass nominating him as his only heir and successor to the suit property. The pedigree table would show that Shri Sain Dass died leaving behind his widow and four children and the same is as under :-

(3.) THE stand taken by the defendant-respondent Nos. 1 and 2 in their written statement is that the will propounded by the plaintiff-appellant dated 5.9.1977 was a bogus and forged document and the same had never been executed by deceased Shri Sain Dass. It is further claimed that testator Shri Sain Dass was not in a sound disposing mind at the time of execution of the will and the plaintiff-appellant was in a position to exercise undue influence on him. It is further claimed that the plaintiff-appellant did not ever render any service to the testator, rather he tortured him with the object of grabbing his property. The allegation of lack of love and affection with the defendant-respondents has been denied. It is further claimed that in fact Shri Sain Dass testator executed a will in favour of defendant-respondent Nos. 1 and 2 out of natural love and affection and the services rendered by them. The possession of the house was with their father i.e. Shri Sain Dass and it was delivered to defendant-respondent Nos. 1 and 2.