DARA SINGH Vs. RAGHUBIR SINGH AND OTHERS

JUDGEMENT

(1.) Plaintiff-Dara Singh is in second appeal assailing the judgement and decree of reversal dated 9.5.2013 passed by the learned Additional District Judge, Hoshiarpur whereby the appeal of defendant no.1-Raghubir Singh against the judgement and decree dated 31.7.2010 passed by the learned Civil Judge (Junior Division)Mukerian decreeing the suit of the plaintiff for declaration and permanent injunction has been accepted and the decree passed by the trial court set aside.

(2.) The dispute is regarding the agricultural property/estate left behind by Sh.Punnu Ram who died on 19.6.1992. Plaintiff-Dara Singh is the grandson of Punnu Ram and defendants 1 to 3 namely Raghubir Singh, Dalip Singh and Kashmir Singh are the sons and defendant no.4 Debo are the daughter of said Punnu Ram. Defendants 5 to 7 are the legal heirs of deceased Sumitra Devi daughter of Punnu Ram. Plaintiff Dara Singh son of defendant no.3-Kashmir Singh claimed the suit property measuring 85K4M situated in Village Khush Nagar, Tehsil Mukerian, District Hoshiarpur on the basis of a Will executed by his grandfather Punnu Ram on 15.6.1992, which was registered on 18.6.1992 whereas defendant no.1-Raghubir Singh claimed his share on the basis of an unregistered Will executed on 18.6.1992 by his father Punnu Ram in favour of his three sons-defendants 1 to 3, while asserting the alleged registered Will dated 18.6.1992 in favour of plaintiff-Dara Singh as a result of fraud and impersonation. It was further asserted that the learned Financial Commissioner, Punjab, Chandigarh had passed an order dated 10.2.2000 directing the mutation in favour of defendants 1 to 3 on the basis of unregistered Will dated 18.6.1992.

(3.) On the basis of pleadings issues regarding both the Wills were framed. Both sides proved their respective Wills by examining the Scribes and the attesting witnesses. However, the learned trial Court gave more weightage to the registered Will dated 18.6.1992 (Ex.P1) in favour of plaintiff/grandson-Dara Singh rather than the unregistered Will dated 18.6.1992 (Ex.D1) in favour of sons-defendants 1 to 3 while holding that it was not surrounded by any suspicious circumstances although the plaintiff was concededly a minor and incapable of rendering service to the executant/testator.