JITO Vs. DALIP SINGH

JUDGEMENT

(1.) THIS is plaintiff's appeal against the judgment and decree of the Additional District Judge whereby the appeal filed by the defendants has been accepted.

(2.) ONE Sohan Singh was owner of the land in dispute who died on 14. 1. 1982 leaving behind plaintiff Jito as daughter and Dalip Singh and Piara Singh defendants as his sons Sohan Singh executed a Will on 17. 4. 1970 and bequeathed his whole property in favour of the defendants. The plaintiff feeling aggrieved by the entries in the revenue record i. e. sanctioning of the mutation on the basis of Will dated 17. 4. 1970, filed this present suit challenging the Will terming the same to be forged and fictitious.

(3.) THE defendants put in appearance filed written statement controverting the various averments made in the plaint. By way of defence, the defendants urged that the Will was duly executed by Sohan Singh in favour of the answering defendants and thus the plaintiff has no cause of action to file the present suit.