GURDWARA BABA SANG DHESIAN SANG Vs. BHAJAN SINGH

JUDGEMENT

(1.) This is regular second appeal of the plaintiff who has lost his suit as well as first appeal vide judgments and decrees dated 19.8.2011 and 6.5.2013 before learned Additional Civil Judge [Senior Division], Phillaur and learned Additional District Judge, Jalandhar respectively. Mohan Singh has been the owner in possession/joint owner of the land in dispute. Mohan Singh died on 10.11.2004. He was a bachelor. He was a Sikh by religion. He had great faith in Gurdwara Baba Sang Dhesian Sang and he used to live in the said Gurdwara since childhood. The Gurdwara used to serve Mohan Singh in his life time and provide him with all the necessities of live. On account of the same, Mohan Singh executed a valid registered will dated 5.2.2011 in favour of the plaintiff. He executed this will without any pressure and while he possessed a sound disposing mind. The plaintiff, therefore, became owner in possession of the land in dispute. Mohan Singh was not having cordial relations with defendants and was not even on speaking terms with them. They never served Mohan Singh in his life time. Mohan Singh never resided with them. About two months back, the defendants have started declaring that they have become owners in possession of the land of the share of Mohan Singh on the basis of a will dated 2.8.2004. They also claimed that they have got sanctioned mutation No. 4369 in their favour on the basis of the alleged will. They threatened to take forcible possession of the suit land from the plaintiff and also to alienate the same to which they have no right.

(2.) The defendants have resisted the suit denying the plaintiff to have any right to file the suit. It is admitted that Mohan Singh was owner in possession of the suit land. It is further claimed that he was residing with Bhajan Singh, defendant No. 1 who has been real brother of Mohan Singh. Bhajan Singh used to serve him on account of which Mohan Singh executed a will dated 2.8.2004 in favour of defendant No. 1. It is claimed that on account of the will, after the death of Mohan Singh, defendant No. 1 has become owner and is in possession of the suit property. The suit is, consequently, prayed to be dismissed.

(3.) On the pleadings of the parties, the following issues were framed by learned trial court.