BALBIR SINGH Vs. RAJINDER SINGH

JUDGEMENT

(1.) PLAINTIFFS are in second appeal aggrieved against the judgment and decree passed by the first appellate Court whereby the suit filed by the plaintiffs was dismissed in appeal.

(2.) PLAINTIFF -appellants are the daughters of Inder Singh who was owner of 1/6th share of 93 kanals 5 marlas of land i.e. 15 kanals 11 marlas. The dispute in the present appeal pertains to the estate of deceased-Inder Singh. Plaintiffs claimed possession alleging therein that the defendants have forcibly entered into possession on the basis of sale deed. The sale deed is the result of misrepresentation, fraud and undue influence apart from being without consideration and legal necessity.

(3.) SINCE Inder Singh had executed the sale deed on 24.5.1976 in respect of his entire estate, therefore, issue of Will does not arise for consideration. If the sale deed is held to be illegal, null and void only then the question of Will arises for consideration.