DALIP KAUR Vs. SUKHBIR SINGH AND ORS.

JUDGEMENT

(1.) DISPUTE in this Regular Second Appeal pertains to succession to the estate of Hardev Singh (since deceased). Defendant Smt. Dalip Kaur, appellant herein, is sister of Hardev Singh deceased, whereas plaintiffs Sukhbir Singh, Bhupinder Singh and Raghbir Singh sons of Darshan Singh who are respondents herein, are the sons of the uncle of Hardev Singh. Hardev Singh died on 3.7.1986 at Naushera Pannua. He was a bachelor and was having land in village Nangal Kalan as well as in Naushera Pannua.

(2.) THERE are two competing Wills, one dated 1.7.1986 propounded by the plaintiffs, respondents herein, and the other of dated 12.6.1986 set up by the defendant, appellant herein. On the basis of Will dated 1.7.1986, the plaintiffs had claimed themselves to be owners in possession of the land left by Hardev Singh deceased whereas the defendant, appellant herein, claimed exclusive ownership and possession pursuant to Will dated 12.6.1986 in her favour.

(3.) WHETHER suit is not maintainable in the present form?