BHAJAN SINGH Vs. JASWANT KAUR

JUDGEMENT

(1.) The judgment shall dispose regular second Appeals No. 2887 of 1995 and 277 of 1986.

(2.) The dispute relates to of Chanan Singh son of Kishan Singh between his sister Smt. Santo on one hand and Karnail Singh, Didar Singh, Surjit Singh and others, grand -sons of Jaimal Singh - real brother of Chanan Singh on the other hand. Smt. Santo claimed the property being the nearest relation of Chanan Singh Deceased whereas Karnail Singh and others laid claim on the basis of will alleged to have been executed by Chanan Singh in their favour on 7.3.1969. Both set of claimants filed separate suits. Smt. Santo filed a suit for possession and mesne profits whereas other claimants filed suit for declaration and possession. Both the suits were consolidated by the trial Court.

(3.) On the pleadings of the parties issues were framed and opportunity was granted to the respective contending parties to adduce evidence in support of their respective contentions. Issues were framed with regard to the validity of the will, relationship of the defendants with the deceased, relationship of Smt. Santo i.e. whether she is the real sister of Chanan Singh and Jaimal Singh, with, regard to the suit being barred by limitation, it being bad for non -joinder of necessary parties and other such related issues. On two material issues i.e. relating to relationship of Smt. Santo with Chanan Singh and as to validity of the will set up by the other contending party the Court after scrutinizing the evidence led came to the conclusion that Smt. Santo is the real sister of Chanan Singh and Jaimal Singh, while examining the validity of the will dated 7.3.1969 trial Court came to the conclusion that its due execution and attestation has not been validly proved. In addition thereto, the Court came to the conclusion that the will set up is in fact surrounded by various suspicious circumstances and so decided this issue against them. Resultantly, the suit filed by Smt. Santo -was decreed whereas the suit filed by the other set of the claimants, who. based their claim on the basis of will was dismissed. With regard to the claim of mesne profits Smt. Santo on her own withdrew her claim and so this relief was not granted to Smt. Santo.