BAWA SINGH Vs. HAQIQAT SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal by defendant No. 1 is directed against the judgment and decree dated 13.8.1979 passed by the Sub- Judge IInd Class, Samrala whereby the suit for declaration filed by respondent Nos. 1 and 2 against the appellant filed by respondent Nos. 1 and 2 against the appellant and respondent Nos. 3 to 6 was decreed and was affirmed on appeal vide judgment and decree dated 3.5.1982 passed by the learned Additional District Judge, Ludhiana.

(2.) THE dispute herein pertains to the land measuring 15 kanals 9 marlas situated in the revenue estate of village Otalan, Tehsil Samrala and the bone of contention in this appeal is the Will dated 22.9.1973 (Ex.P-1) allegedly executed by one Joginder Singh son of Phuman Singh who had been adopted by Jarnail Singh son of Phuman Singh who had been adopted by Jarnail Singh r/o Otalan. The facts necessary to understand the controversy are as under.

(3.) THE suit was contested by the defendants. The appellant-defendant No. 1 and respondent Nos. 3 to 6 i.e. defendants No. 2 to 5 filed their separate written statements. In the written statement filed by the appellant, if was admitted that Joginder Singh was the adopted son of Jaimal Singh and was thus owner of the suit land. It was denied that Joginder Singh had executed any will in favour of plaintiff-respondent Nos. 1 and 2. It was claimed that the Will in question was a forged and fictitious document and was, therefore, ineffective and inoperative against the rights of succession of the appellant to the estate left by Joginder Singh deceased. It was further asserted that Joginder Singh had died intestate and according to Hindu Succession Act by which the parties are governed, the appellant alone was the heir to the estates left by Joginder Singh. It was also asserted that mutation dated 29.4.1975 was rightly sanctioned in favour of the appellant. Lastly, it was alleged that even the appeal filed by the plaintiffs against the order of the Assistant Collector Ist Grade, Samrala whereby the aforesaid mutation had been sanctioned was dismissed by the Collector on 17.3.1976. It was admitted that Joginder Singh had got the land in dispute from his adoptive father Jaimal Singh.