IQBAL SINGH Vs. TRIPTA KUMARI AND ORS.

JUDGEMENT

(1.) Plaintiff is in second appeal against the concurrent judgments and decrees passed by the Courts below in a suit for declaration and permanent injunction.

(2.) Plaintiff filed the suit on the basis of Will dated 28.08.1990 executed by Manjit Singh real brother of the plaintiff. Mutation in favour of defendants No. 1 and 2 has been claimed to be null and void. Plaintiff further sought relief of permanent injunction, restraining the defendants from interfering in the suit land. Plaintiff alleged that plaintiff and Manjit Singh were living in UAE. Manjit Singh was having strained relations with his wife. There were various civil and criminal litigations between them. Plaintiff was serving his brother Manjit Singh. Even they were living in UAE prior to marriage of Manjit Singh. On account of love and affection, Manjit Singh executed a Will dated 28.08.1990 in favour of plaintiff ignoring the defendants in respect of property. Manjit Singh ultimately died on 11.01.1991. Plaintiff became owner of property of Manjit Singh by the dint of Will in question.

(3.) Plaintiffs further alleged that defendants were making attempts to get the property of Manjit Singh by inheritance. Plaintiff sought jurisdiction of Revenue Court on the basis of Will but failed in his attempt right upto the stage of Financial Commissioner and Will was discarded by the Revenue Authorities.