GURDEV SINGH Vs. JAGDISH SINGH AND OTHERS

JUDGEMENT

(1.) GURDEV Singh defendant no. 2 having failed in both the courts below, has filed this second appeal. Suit was filed by respondent no. 1 -plaintiff Jagdish Singh against appellant and proforma respondents no. 2 to 4 as defendants. It is undisputed that the plaintiff's father Tirlok Singh since deceased was owner of the suit land. In the suit, the plaintiff challenged the alleged exchange of suit land by Tirlok Singh with defendants/respondents 3 and 4 vide mutation no. 3429 dated 28.5.1979 and consent judgment and decree dated 11.6.1979. The plaintiff pleaded that his father had executed Will dated 30.12.1966 in favour of the plaintiff who is, therefore, owner in possession of the suit land. In the alternative, the plaintiff also claimed to be owner in possession of the suit land on the basis of natural inheritance.

(2.) THE defendants while admitting that the plaintiff is son of Tirlok Singh and that Tirlok Singh was owner of the suit land pleaded that Tirlok Singh had exchanged the suit land and therefore, Rattan Singh defendant no. 4 is owner thereof. It was also pleaded that wife and five daughters left behind by Tirlok Singh have not been impleaded as party to the suit. It was also pleaded that Will dated 30.12.1966 in favour of the plaintiff was cancelled by Tirlok Singh vide subsequent registered Will dated 25.5.1979 in favour of defendant no. 2 -appellant. Exchange as per aforesaid mutation and consent judgment and decree dated 11.6.1979 were pleaded to be legal and valid.

(3.) SUBSTANTIAL questions of law allegedly arising in this second appeal filed today in Court by counsel for the appellant are taken on record subject to all just exceptions.