PRITHI SINGH Vs. SARAN SINGH

JUDGEMENT

(1.) The plaintiff-appellant Prithi Singh filed a suit for declaration to the effect that he is owner in possession of land which is a "Gair Mumkin Bara" as detailed in the head note of the plaint in Village Lalhari Tehsil Jagadhari. The suit was filed against Saran Singh and Prem Singh sons of Gurdit Singh and Bishan Singh son of Bir Singh (defendants-respondents). By way of consequential relief the plaintiff-appellant also sought permanent injunction against the defendants restraining them from interfering in his peaceful possession. The suit of the plaintiff was dismissed by the trial Court by judgment and decree dated 5.2.1996. The plaintiff aggrieved against the same preferred an appeal before the District Judge which was dismissed by the learned Additional District Judge. He has thus now preferred this regular second appeal.

(2.) The dispute in the case relates to the estate of one Sadhu Singh who died on 17.5.1988. The deceased was the owner in possession of the Bara in dispute. He died issueless. In order to appreciate the relationship of the parties the following pedigree table may be noticed: BIR SINGH | _______________________________________________________________________________ 1 2 3 4 5 6 Gurdit Kartar Faquir Sadhu Bishan Kishan Singh Singh Singh Singh Singh Singh | | | (Defendant | | | | No. 3) | | | | | | 1.Saran Singh (Issueless & (Issueless & Prithi Singh (Issueless (Defendant No. 1) unmarried) unmarried) (Plaintiff) unmarried) 2.Prem Singh (Defendant No. 2) 3.Ram Singh

(3.) Prithi Singh (plaintiff) is the son of Bishan Singh. The defendants No. 1 and 2 Saran Singh and Prem Singh are sons of Gurdit Singh and Bishan Singh (defendant No. 3) is father of plaintiff Prithi Singh. Sadhu Singh (deceased) is the brother of Bishan Singh (defendant No. 3) and Gurdit Singh the father of defendants No. 1 and 2. The claim made by the plaintiff-appellant Prithi Singh is with regard to the Bara of Sadhu Singh who died on 17.5.1988. He claims the suit property on the basis of a registered Will dated 8.12.1986 (Ex. P. 1) in his favour. It is alleged by the plaintiff that Sadhu Singh deceased used to live with him and he served him during his life time. His last rites were also performed by him (Plaintiff) and his death was also reported by him to the Halqa Patwari. However the mutation of the estate of Sadhu Singh was sanctioned in favour of defendants No. 1 and 2 Saran Singh and Prem Singh sons of Gurdit Singh on the basis of an unregistered Will dated 1.5.1988 (Ex. D. 1) which is stated to be false and fraudulent. On notice Bishan Singh (defendant No. 3) father of the plaintiff did not contest the suit and he rather supported the case of the plaintiff. It was stated that Sadhu Singh (deceased) who was his real brother was living with the plaintiff and he gifted his property in favour of the plaintiff. The unregistered Will (Ex. D. 1) alleged to have been made in favour of defendants No. 1 and 2 it is stated was a forged document and did not convey any title to them. Defendants No. 1 and 2 however contested the claim of the plaintiff. According to them they were close relatives of the deceased Sadhu Singh being his brother's sons and thus they were entitled to the property of the deceased. It was stated that the Will in favour of the plaintiff was false forged and a fabricated document and had been manipulated by them to grab the property. The Will dated 1.5.1988 executed by Sadhu Singh (deceased) in their (defendants No. 1 and 2) favour was stated to be valid and genuine. Therefore it is submitted that the mutation in respect of the estate of the deceased Sadhu Singh had been rightly sanctioned in their favour by the Assistant Collector 1st Grade Jagadhri on 16.3.1989. The plaintiff filed his replication and reiterated his claim to the suit property. The learned trial Court on 13.6.1990 framed the following issues: