GURNAM SINGH Vs. AMRITPAL SINGH AND OTHERS

JUDGEMENT

(1.) Gurnam Singh, appellant-plaintiff sought declaration to the effect that he is sole owner in possession of the suit property owned and possessed by Udham Singh son of Santa Singh, as fully described in the head note of the plaint, on the basis of legal and valid registered Will dated 13.06.1996, executed by Udham Singh in his favour. The suit was dismissed and the appeal against the judgment and decree of the lower Court was also dismissed by Additional District Judge (Ad hoc), Fast Track Court, Hoshiarpur.

(2.) The case of the appellant-plaintiff, in brief, is that Udham Singh died unmarried and issueless. He had executed Will dated 13.06.1996 in favour of appellant in lieu of services rendered by him. Defendant No.1 (predecessor-in-interest of respondents No.1 and 2) got the mutation No.2679 of the property belonging to Udham Singh in his favour on the basis of forged and fabricated document. The request of appellant to admit his claim met with no success which led to the filing of the suit by him. Defendant No.1 Satnam Singh contested the claim of appellantplaintiff alleging that Udham Singh had executed a Will dated 09.07.1996 regarding his estate in his favour, out of love and affection. Defendant No.1 inherited the estate left by Udham Singh.

(3.) The pleadings of the parties led to framing of issues as follows:-