DAYAL SINGH Vs. JAGTAR SINGH AND OTHERS

JUDGEMENT

(1.) The challenge in the present appeal is to the impugned judgment and decree of the lower appellate court dated 22.3.2012 whereby the suit for declaration filed by the respondentplaintiff Jagtar Singh that plaintiff and defendant Nos. 5 to 8 are legal heirs to the estate of Sunder Singh by way of natural succession has been allowed.

(2.) Mr. Arun Jain, Senior Advocate assisted by Mr. Deepak Basatia, Advocate for appellant-L.Rs of defendant No.1- Dayal Singh submits that the civil suit aforementioned filed by respondent-plaintiff Jagtar Singh claiming the estate of Sunder Singh by way of natural succession was dismissed by the trial court in as much as, that the appellant-defendant No.1-Dayal Singh had set up a registered Will dated 6.1.1997 executed by Sunder Singh in his favour. The aforementioned Will was proved through the testimony of Amarjeet Singh-DW-2, Suresh Kumar, the concerned Assistant from the office of Registrar-DW-4 as well as deed writer-Prahlad Singh-DW-3. However, no dent to their statement could be caused in the cross-examination. The trial court believing the Will to be genuine proved in accordance with law dismissed the suit. The aforementioned judgment and decree was assailed by Jagtar Singh and defendant Nos. 5 to 8.

(3.) He further submits that the written statement filed by defendant Nos. 5 to 8 was in line with, the aforementioned averments made in the suit. Both the respondent-plaintiff-Jagtar Singh and defendant Nos. 5 to 8 claimed the estate of Sunder Singh by way of natural succession. The lower appellate court has set aside the well reasoned judgment and decree of the trial court and decreed the suit which is against oral and documentary evidence, in as much as, that no suspicious circumstances arose which enabled the lower appellate court to form such an opinion. He further submits that Dayal Singh-defendant No.1 was residing with Sunder Singh since long, Sunder Singh bequeathed the property owned by him in favour of Dayal Singh. In the Will there is no mention of other siblings of Dayal Singh and there is nothing wrong in the alteration of line of succession as the testator may have a love and affection for a particular son or daughter in respect of his self acquired property.