GURMAIL SINGH Vs. AJMER SINGH

JUDGEMENT

(1.) THIS is plaintiff's second appeal challenging the judgments and decrees of the Courts below whereby his suit for declaration to the effect that he is owner in possession of the suit property on the basis of registered Will dated 21.12.1998 was dismissed.

(2.) AS per averments made in suit, one Ramji Dass was the owner of the suit property who expired on 21.07.2000. The parties to the suit are the sons, widow and daughters of aforesaid Ramji Dass. According to the plaintiff -appellant, he used to serve said Ramji Dass during his life time and due to the services rendered by him and his family members, Ramji Dass executed a registered Will dated 21.12.1998 in his favour. The defendants never served Ramji Dass. The said Ramji Dass, who was dragged into unnecessary litigation by the defendants, disinherited them by giving a news in daily "Ajit" newspaper on 15.08.1998. In fact, the appellant was also appointed a special attorney of Ramji Dass in partition proceedings. It is the further case of the appellant that the defendants in connivance with revenue authorities got sanctioned the mutation of inheritance of Ramji Dass on the basis of natural succession whereas the mutation was to be sanctioned on the basis of Will dated 21.12.1998 in his favour and thus, mutation Nos. 206 and 482 with regard to the suit property were illegal and liable to be set aside. Since the defendants refused to admit his claim, he had filed the instant suit.

(3.) IN response to the written statement, replication was filed by the plaintiff wherein all the averments of the written statement were denied while that of the plaint were reiterated.