SANTOKH SINGH Vs. MANJIT KAUR AND OTHERS

JUDGEMENT

(1.) Suit filed by the plaintiff was dismissed by the trial court vide judgment and decree dated 07.02.2013. As even the appeal preferred against the said decree failed and was dismissed vide judgment dated 28.02.2014, plaintiff is before this court in this regular second appeal. Parties to the lis, hereinafter, would be referred to by their original positions in the suit.

(2.) Concededly, the suit property was owned by the father of the plaintiff, namely, Karnail Singh. Plaintiff claimed himself to be the owner of the suit property, pursuant to a Will dated 05.08.1991 that was allegedly executed by late Karnail Singh. However, vide another Will dated 20.04.1995, assailed by the plaintiff in the suit, late Karnail Singh had bequeathed his estate in favour of his grandson, namely, Satnam Singh (minor) son of Jagir Singh (defendant No.9), to the extent of 1/2 share, and defendants No.11 & 12, namely, Bhupinder Singh and Charanjit Singh, sons of the plaintiff, qua the rest half share.

(3.) In any case, the Will dated 20.04.1995 was subsequent in point of time and vide this testamentary disposition, he had bequeathed his estate in favour of his grandsons i.e. half share to the sons of the plaintiff and the other half in favour of the son of another son, namely, Jagir Singh. Will dated 20.04.1995 could not be said to be a forged or an ingenuine document as half the estate of Karnail Singh was still bequeathed in favour of plaintiff's sons, or had it been a fabricated document; defendants No.11 & 12 could be completely deprived of the properties of the deceased. It was concluded that though the defendants had not proved the original Will dated 20.04.1995, but the order dated 29.11.2001, rendered by the Assistant Collector, Ajnala, revealed that the said Will was misplaced from the records of the revenue authorities.