RAJINDER SINGH Vs. BALJINDER KAUR

JUDGEMENT

(1.) RAJINDER Singh, appellant, challenges judgment and decree dated 03.9.1985, passed by the Sub Judge 2nd Class, Samrala, dismissing his suit and judgment and decree, dated 22.9.1987 passed by the Additional District Judge, Ludhiana,dismissing his appeal.

(2.) RAJINDER Singh and Dilbagh Singh, filed a suit for declaration that they are owners of the land/property in dispute in equal shares, described in detail, in the plaint by averring that during his life time their late brother Harchand Singh had executed a Will dated 10.4.1983 bequeathing to them and another brother Harpal Singh (arrayed as defendant no.2), the suit property. The plaintiff - appellant pleaded that though their late brother Harchand Singh was married to Baljinder Kaur on 7.11.1982, but as the "Muklawa" ceremony was not performed and Baljinder Kaur had never resided with him as his wife, Harchand Singh executed a will dated 10.4.1983 before he passed away.

(3.) ON the basis of these pleadings, the trial court framed the following issues: -