KAILA DEVI Vs. RAJBIR SINGH

JUDGEMENT

(1.) THIS is defendant's regular second appeal against the judgment and decree of the Additional District Judge affirming in appeal the judgment and decree of the trial Court.

(2.) BRIEFLY put, Dr. Tungal Ram was owner of the land subject matter of the suit. On his death, his estate devolved upon his four sons, namely, Kulwant Singh, Balwant Singh, Kuldeep Singh and Dr. Karan Singh, in equal shares. Plaintiff Rajbir and others filed a suit for joint possession of 5/16th share of land on the allegation that Balwant Singh alias Bhagwant Singh who has been ailing on account of tuberculosis, during his life time executed a will in favour of his mother Smt. Nathian Devi and so by virtue of this will she became owner of the share of Balwant Singh, Kulwant Singh, other son of Smt. Nathian Devi, died before coming into force of Hindu Succession Act, 1956 and on his death Smt. Nathian inherited 1/16th share and this way Nathian became owner of 5/16th share in the joint holding. Smt. Nathian executed a will dated 20.7.1968 in favour of the plaintiffs. It so happened that qua the share of Balwant Singh, the revenue authorities sanctioned mutation in favour of Smt. Kaila Devi, his widow, ignoring the will dated 14.1.1945 executed by Balwant Singh in favour of his mother Srot. Nathian Devi. It is with a view to get rid of the mutation that plaintiffs filed the present suit and claimed themselves to have succeeded on the basis of will executed in favour of Smt. Nathiana and Smt. Nathian having bequeathed her property in favour of the plain tiffs.

(3.) ON the pleadings of the parties, following issues were framed : -