SURJIT SINGH Vs. BAKHTAWAR SINGH

JUDGEMENT

(1.) THE appellants filed a suit for declaration to the effect that they were owners of the suit land and decree dated 27.10.1976 in favour of Hari Singh, defendant, (brother of plaintiffs) was void. The suit property belonged to Niranjan Singh who was brother of plaintiffs' father and defendant No. 2, father of plaintiffs suffered collusive decree in favour of defendant No. 1 with regard to the said property. Since the property which came from Niranjan Singh was ancestral property, Bakhtaur Singh had no right to transfer the same to defendant No. 1.

(2.) HARI Singh, defendant contested the suit and defendant the decree. He set up Will dated 29.7.1974, which was duly recognised by Amar Kaur, daughter of Niranjan Singh in compromise dated 17.8.1974. Bakhtaur Singh recognised this right of Hari Singh by way of decree dated 27.10.1976.

(3.) THE lower appellate Court affirmed the said decree. Hence this appeal.