RANJIT SINGH Vs. KANWALJIT SINGH

JUDGEMENT

(1.) This is defendant's appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity, 'the Code) challenging concurrent findings of facts rcorded by both the Courts below and decreeing the suit of the plaintiff-respondents.

(2.) The plaintiff respondents 1 to 4 filed Civil Suit No. 368 of 2001 on 5-7-1989 seeking a declaration to the effect that they along with defendant -appellant, their father and defendant-respondents 5 to 10 who are their brothers and sisters were owners in joint possession in equal shares of the suit land. It was further alleged that the Will, if any, in possession of the defendant appellant (Contd. on Col. 2) was null and void and is not binding upon their rights as the same was procured fraudulently and by misrepresentation. Another prayer for passing of a decree for permanent injunction was also made for restraining the defendant appellant and defendant-respondents from alienating, mortgaging and transferring the suit land in any manner as a consequential relief. The following pedigree table would show the relationship inter se between the defendant- appellant and plaintiff-respondents/defendant-respondents :

(3.) The suit was opposed by the defendant -appellant and defendant-respondents 8 and 9. They filed their written statement raising various objections. The plaintiff-respondent also filed replication. On the basis of the pleadings of the parties, the followng issues were framed :