KARMI Vs. SITAL AND ORS.

JUDGEMENT

(1.) AFTER the trial Court of learned Sub Judge First Class, Phillaur decreed the suit of plaintiffs Sital and Shingara upholding Will dated 5.10.1983 Ex.P1 in their favour and discarded the Will set up by the defendant now appellant dated 13.10.1983 Ex.D1/R2, the unsuccessful defendant, in the first appeal failed to secure any favour and her appeal stood dismissed through judgment and decree dated 25.11.1986 passed by the learned Additional District and Sessions Judge, Jalandhar and, thus, is before this Court challenging these findings by way of the instant regular second appeal. Though, there is not much dispute inter se over the family hierarchy, however, for better understanding and appreciation of the facts the same is depicted by way of family tree enumerated below: -

(2.) IT is not agitated that out of the wedlock between Jai Chand and Karmi/defendant -appellant, the couple did not have any child and, thus, both of them died issueless. It is the case of the plaintiffs that Jai Chand while in a sound disposing mind executed a registered valid Will Ex.P1 on 5.10.1983 in favour of plaintiffs and that on the basis of this Will they have come to inherit the estate of deceased Jai Chand. However, on the other hand, defendant -Karmi has staked her claim to the estate of her deceased husband on the strength of an unregistered Will dated 13.10.1983 subsequently registered on 24.1.1984 Ex.D1/R2. The two Courts below have discredited the Will in favour of Karmi and that is the short point involved in this dispute on the basis of which following issues were framed by the trial Court: -

(3.) RELIEF .