FATEH SINGH Vs. LAKHBIR SINGH

JUDGEMENT

(1.) THE instant Regular Second Appeal has been filed by the plaintiffs. Both the Courts below have dismissed their suit for possession filed by them regarding the land in question measuring 55 Kanals 6 Marlas.

(2.) THE land in question belongs to one Mula Singh and the plaintiffs claimed it on the basis of inheritance. It was alleged by them that they are father's brother's sons of Mula Singh. Mula Singh expired on 4.4.1975 leaving behind him no male or female issue or his widow. It was alleged that the plaintiffs performed his last rites and after his death, they succeeded to his estate including the land in question. It was further alleged that defendant No. 1 got executed one Will in his favour from the said Mula Singh. The said Will was not validly executed and even if the same was validly executed, it was a void document as it related to the ancestral property. It was also alleged that the defendants have entered into unlawful possession of the land in question.

(3.) ON the pleadings of the parties, the learned trial Court framed the following issues :-