SURINDER SINGH Vs. BALBIR KAUR @ JASBIR KAUR

JUDGEMENT

(1.) MEHAR Singh, father of the plaintiff -appellants, filed suit for declaration to the effect that he was owner in possession of 3/4th share of the suit property on the basis of natural succession as earlier the suit property was in the ownership of his brother Hamir Singh who died leaving behind the plaintiff as his only legal heir. It was further averred in the plaint that defendant No. 1 has propounded a Will in her favour which was not legal. However, the suit was contested by defendant No. 1 stating that Hamir Singh executed a valid and registered Will on 20.2.1997 in her favour with his free will and consent during his lifetime. He used to reside with her and she used to look after him and provide all daily kinds of need and she was in possession of the share of deceased Hamir Singh. Even the mutation of the said Will was sanctioned in her favour on the basis of the Will.

(2.) DEFENDANT No. 2 appeared and filed separate written statement raising various preliminary objections. On merits, it was admitted that Hamir Singh was the real brother of the plaintiff. Remaining averments made in the plaint were denied and ultimately, prayer for dismissal of the suit was made.

(3.) WHETHER suit is not maintainable in the present form? OPD