LAL SINGH Vs. BANT SINGH

JUDGEMENT

(1.) This judgment will dispose of Regular Second Appeals Nos. 1794 and 1795 of 1974. The facts as given in R. S. A. No. 1795 of 1974 are a under:-

(2.) The plaintiff-appellant filed the suit for possession of the agricultural land on the allegation that Ishar Singh s/o Narain Singh was a last male holder of the land in dispute measuring 276 Kanals 15 Marlas and one-half share in widow Smt. Santi succeeded to his property. The plaintiffs claimed themselves to be the sixth degree collaterals of Ishar Singh. husband of Smt. Santi and as such entitled to inherit the suit property. They also pleaded that Smt. Santi made a valid will in their favour on 13-1-1967 vide Exhibit P-1. In the written statement Hari Singh, defendant. pleaded that Smt. Santi had executed earlier a registered will in his favour on 6-2-1963 vide Exhibit D-1 and on that basis the mutation has also been sanctioned in his name on 24-3-1967. The alleged will in favour of the plaintiff was denied. The trial court came to the conclusion that Smt. Santi did not execute any valid will in favour of the plaintiffs : whereas the will (ex. D-1) set-up by the defendant was found to be a genuine document. As a result of this finding. the plaintiffs' suit was dismissed.

(3.) In appeal, the learned Addl. District Judge, affirmed the findings of the trial court and thus maintained the decree dismissing the plaintiffs' suit. Dissatisfied with the same, the plaintiffs have come up in second appeal in this Court.