RANJIT SINGH Vs. PURAN LAL

JUDGEMENT

(1.) The present regular second appeal has been filed by the appellants-plaintiffs against the judgment and decree dtd. 7/11/2001, passed by the court of Additional District Judge, Faridabad; whereby the appeal filed by the appellants-plaintiffs against the judgment and decree dtd. 30/10/1999 passed by the trial Court, dismissing the suit of the appellants-plaintiffs for declaration that they alongwith defendants No. 1 to 3 in the suit, are entitled to inherit 1/4th share of Hari Singh, on the basis of Will dtd. 7/5/1986 executed by Hari Singh and for further declaration that the decree dtd. 1/2/1990 passed in Civil Suit No. 305 of 1986 by the learned Sub Judge, 1st Class, Palwal, is illegal, void and not binding on the rights of the appellants-plaintiffs qua the share of late Shri Hari Singh; had been dismissed.

(2.) Succinctly, in the suit filed by the appellants-plaintiffs, it is their pleaded case that they alongwith defendant No. 4 in the suit and late Hari Singh were co-sharers in possession of the agricultural land as detailed in the suit. In the plaint, the family tree depicting the relationship between the parties, is shown as under :-

(3.) Appellants-plaintiffs claimed that late Hari Singh son of Kishori alias Kishora executed a Will on 7/5/1986 whereby he willed away all his moveable and immovable properties in favour of the appellants-plaintiffs and defendants No. 1 to 3 in the suit; in equal shares. It has come on record that Hari Singh expired on 14/5/1986.