LABH SINGH Vs. PIARA SINGH

JUDGEMENT

(1.) In this second appeal against the judgment and decree of the Senior Sub-Judge, Ludhiana, exercising enhanced appellate powers, the sole point for determination is whether due execution of the Will propounded by Piara Singh defendant-respondent stands proved.

(2.) The relevant facts of this case are that Bakhtawar Singh was owner of the land in dispute. He died issueless and without leaving a widow on April 27. 1970. Udhe Singh and Inder Singh plaintiffs and Piara Singh defendant are his. brothers. Inder Kaur. plaintiff is their sister. Plaintiffs brought a suit claiming possession of.3/4th share in the land by succession as heirs of Bakhtawar Singh. They denied the execution and validity of a Will propounded Piara Singh defendant alleged to have been executed by Bakhtawar Singh bequeathing the whole land to him. It is said that Piara Singh is entitled to only 1/4th share in the land by inheritance. The suit was resisted by Piara Singh reiterating thc genuineness of the Will executed in his favour by Bakhtawar Singh. The trial Court held that execution and, genuineness of the Will have not been established and consequently decreed the plaintiffs' suit. The first appeal filed against this decision of the trial Court by Piara Singh was allowed by the lower appellate Court holding that the execution of the Will as well as its validity have been proved: On.this finding the plaintiffs suit was dismissed.

(3.) It may be mentioned here that before filing of the instant appeal Udhe Singh plaintiff died and his son Labh Singh filed this appeal along with the other two plaintiffs Inder Singh and Inder Kaur. During the pendency of the appeal the plaintiffs Inder Singh and Inder Kaur as well as defendant Piara Singh died and their legal representatives were brought on record.