UJAGAR SINGH Vs. CHANAN SINGH

JUDGEMENT

(1.) This is plaintiff's second appeal whose suit for possession of 1/5th share was decreed by the trial Court but has been dismissed in appeal.

(2.) Kaka Singh was the owner of the suit land. He died on 27th Sep., 1973 leaving behind four sons and a daughter. During his lifetime, land measuring 13 Kanals 1 Marla was given to Harbhajan Singh minor son of Ujagar Singh by suffering a decree against himself. Mutation (Exhibit D 2) was sanctioned on 18th May, 1972 on the basis of that decree. Later on he made a will dt.12th May, 1973 of his remaining land in favour of his three sons. The plaintiff Ujagar Singh filed the suit claiming his 1/5th share in the suit land left by their father Kaka Singh. The suit was contested by the defendants on the basis of a will dt. 12th May, 1973 in their favour by their father Kaka Singh. The only controversy between the parties was whether Kaka Singh, deceased, executed a valid will in favour of defendants 1 to 3.The trial Court came to the conclusion that the will was not executed in accordance with the provisions of S.63 of the Succession Act, 1925 nor the same can be said to have been duly proved on the record. In view of that finding, plaintiffs suit for his 1/5th share was decreed.

(3.) In appeal, the learned District Judge reversed the said finding of the trial Court and came to the conclusion that the will (Exhibit D.1) was a most genuine document because as regards the plaintiff he had already been compensated by their father by suffering a decree in favour of his son Harbhajan Singh. As regards the execution of the will, it was found that its execution was duly proved by the attesting witness Dhanraj Singh (D.W.1) and the scribe. In view of these findings, plaintiff's suit was dismissed. Dissatisfied with the same, the plaintiff has filed this second appeal in this Court.