PRITAM KAUR Vs. CHANAN SINGH AND OTHERS

JUDGEMENT

(1.) The facts giving rise to this appeal are that Ujjagar Singh was owner of the suit land measuring 193 Kanals 10 Marlas situated in village Aulakh, Tehsildar Batala. He died on 23rd May, 1967 leaving behind his widow Pritam Kaur (plaintiff No. 1), two daughters named Chhiboo and Chhindo (plaintiff Nos. 2 and 3 respectively) and 3 sons, namely Chanan Singh, Atma Singh and Phuman Singh (defendant Nos. 1 to 3 respectively). After his death mutation Exhibit D. 2 in respect of his inheritance was entered on 26th July, 1967 by the Patwari in favour of his 3 sons and eventually the Revenue Officer sanctioned it on 10th December, 1970 on the basis of a Will. The plaintiffs filed the present suit on 3rd September, 1974 for possession of half-share in the above land on the ground that they were entitled to that share in the inheritance of Ujjagar Singh being his heirs. They further alleged that the Will propounded by the defendant was a forged, fictious and bogus document.

(2.) Only defendant Nos. 1 and 2 contested the suit. They admitted the relationship of the plaintiffs with Ujjagar Singh deceased but pleaded that the deceased had executed a valid Will in favour of the defendants. Phuman Singh (defendant No. 3) filed a written statement admitting the allegations of the plaint as correct.

(3.) The learned trial Court held that Ujjagar Singh deceased did not execute the Will and in any case it was surrounded by suspicious circumstances. Accordingly, he decreed the suit of the plaintiffs. Feeling aggrieved defendant Nos. 1 and 2 filed an appeal which was heard by learned Additional District Judge, Gurdaspur. He upset the findings of the learned trial Court about the Will and consequently accepted the appeal and dismissed the suit of the plaintiffs. The plaintiffs have now come to this Court in second appeal.