RAM KISHAN Vs. JOGINDER SINGH

JUDGEMENT

(1.) THIS order will dispose of RSA No. 396 of 1983 filed by Gurmail Singh, plaintiff in Suit No. 212 of 1977 and RSA No. 2017 of 1982 filed by Ram Kishan, defendant in the said suit and also in connected suit No. 15 of 1977 filed by Joginder Singh father of Gurmail Singh (Joginder Singh having died, his son Gurmail Singh has been substituted as his legal heir) and Cross Objection No. 5 of 1993 in RSA No. 2017 of 1982 (filed by Joginder Singh). All the three matters arise out of common judgment of the Courts below.

(2.) THE dispute relates to the estate of Dalip Singh who died on 1.8.1975. Joginder Singh claimed inheritance as brother of Dalip Singh's father, challenging Will dated 11.7.1975, Ex. D-5 in favour of Ram Kishan and gift dated 27.6.1975, Ex. D-2 in favour of sons of Ram Kishan - Baldev Singh, Malvinder Singh, Sukhvinder Singh and Baljit Singh.

(3.) THE Courts below rejected the Will set up by Gurmail Singh, Ex. P-1 and dismissed suit filed by him. The trial Court dismissed the suit filed by Joginder Singh also, upholding the Will Ex. D-5 and gift Ex. D-2. In para 20, detailed reasons were given for upholding the said Will and the gift. The said reasons being: