BALBIR SINGH Vs. KASHMIR SINGH

JUDGEMENT

(1.) THIS is defendant's appeal, filed under Section 100 of the Code of Civil Procedure, 1908 challenging concurrent findings of facts recorded by both the Courts below holding that the Will dated 8.12.1993 was not executed by the testator on his own free will. Overwhelming evidence which has come on record shows that Lehmber Singh, the testator was lying on a cot wrapped in a quilt and on the dictation of Balbir Singh, defendant-appellant and/or Sucha Singh, defendant-respondent No. 3 (now represented by his LRs) the Will was scribed. It is proved that the beneficiary of the Will had taken active part in the execution of the Will. It has also come in evidence that the testator had died a day after the execution of the Will. All these findings of facts create a serious doubt about the genuineness and correctness of the Will.

(2.) FACTS in brief are that the plaintiff-respondent No. 1 filed a suit seeking a declaration to the effect that he is owner of 1/5th share of the suit land owned by his father Lehmber Singh, who died on 9.2.1993. He was survived by four sons and his widow Joginder Kaur. The following pedigree table would present a bird eye view of the facts :-

(3.) THE defendant-appellant along with defendant-respondent filed their written statement and took the stand that Parkash Kaur was not the owner of 3 Kanal 10 Marlas of land. They also claimed that a separate suit on the afore-mentioned dispute was pending titled as Bhagta v. Kashmir Singh and Parkash Kaur. The will was claimed to be validly executed by Lehmber Singh on 8.12.1993 in favour of his three sons except Kashmir Singh, plaintiff-respondent No. 1. It was averred that the testator was in sound disposing mind.