JAGIR SINGH Vs. MEWA SINGH

JUDGEMENT

(1.) The present appeal has been filed by defendant Nos. 1, 2, 4 and 5. The challenge is to the judgment and decree of the learned courts below whereby the suit of the plaintiff No. 1 Mewa Singh has been decreed.

(2.) A suit for declaration was filed to the effect that plaintiff No. 1 is the owner in possession of the land in dispute. Alternatively, it was prayed that plaintiff No. 2 was entitled to the declaration that she was owner in possession of the suit land. It may not be out of place to mention, at the out set, that plaintiff No. 2 Bachan Kaur is the mother of plaintiff No. 1 Mewa Singh. The plaintiff claimed that the suit land was originally owned by Sampuran Singh son of Bachan Kaur. Sampuran Singh had a sister, namely, Smt. Puro, plaintiff No. 2 Bachni alias Bachan Kaur is the daughter of Smt. Puro, Mewa Singh is the son of Bachan Kaur. Mewa Singh plaintiff No. 1 claimed that he being grand son of the sister was serving Sampuran Singh and aforesaid Sampuran Singh had executed a Will dated September 30, 1975 in his favour. The aforesaid will was a registered will and on the basis of the same plaintiff No. 1 Mewa Singh had become absolute owner of the entire estate left behind by Sampuran Singh. In the alternative, plaintiff No. 2 Bachan Kaur claimed that if the case of Mewa Singh was taken to be not proved in accordance with law, then she being the daughter of Smt. Puro, who was the sister of Sampuran Singh was entitled to succeed to the estate of Sampuran Singh to the exclusion of the defendants. Both the plaintiffs have stated that the defendants had no legal right to succeed to the estate of Sampuran Singh in asmuch as they were sons of Badan Singh who was a collateral of Sampuran Singh.

(3.) The suit was contested by defendants. Defendant No. 3 set up an independent will dated August 27, 1975 in his own favour. He claimed that as per the aforesaid will, he alone was entitled to succeed to the estate of Sampuran Singh.