SHAMSHER SINGH AND OTHERS Vs. KULWANT SINGH

JUDGEMENT

(1.) The present regular second appeal lays challenge to the judgments and decrees passed by the Courts below whereby the suit filed by the respondent/plaintiff was decreed by the trial Court and the appeal preferred by the appellants/defendants was dismissed by the first appellate Court.

(2.) Kulwant Singh son of Teja Singh, plaintiff/respondent filed the suit for declaration claiming himself to be joint owner in possession of 1/5th share in the suit properties described in the head note of the plaint (a) to (i). The plaintiff alleged that as he is one of the class-I heirs of the deceased Teja Singh along with defendant Nos 1 to 4 and after death of their mother, the plaintiff and the defendants are entitled to 1/5th share each in the suit properties. He also prayed that unregistered Will dated 03.09.2003 allegedly executed by Teja Singh in favour of Gurdev Kaur and mutation sanctioned on the basis of will is illegal, null and void, ineffective and not binding upon the plaintiff and defendants.

(3.) The plea of the defendants is that Teja Singh executed a valid Will in his sound disposing mind in favour of his wife Gurdev Kaur on 03.09.2003 and on its basis, mutation No. 21898 dated 10.08.2004 was sanctioned in favour of Smt. Gurdev Kaur. After death of Gurdev Kaur, the defendants have become owners in possession in equal share of the suit property. Teja Singh during his life time disowned the plaintiff on 08.07.1989 by publishing a notice in the newspaper and debarred him from inheritance. Smt. Gurdev Kaur, executed valid will dated 22.03.2004 in favour of the defendants in equal share.