COL MOHINDER SINGH Vs. MAJOR SOWINDER SINGH SIDHU

JUDGEMENT

(1.) Charan Singh father of the plaintiff -defendant Nos. 1 to 3 and husband of defendant No. 4 was the owner of the suit land. Charan Singh died leaving behind the plaintiff and the defendants as his legal heirs. The plaintiff challenged the will executed by Charan Singh on 3.9.1980 in favour of defendants 1 to 3 as forged and claimed l/5th share in the suit land left over by Charan Singh through a suit for declaration that the will dated 3.9.1980 was a forged document and he was entitled to 1/5th share in the suit land.

(2.) The defendants appeared and contested the suit of the plaintiff. Defendant No. 1 filed separate written statement while defendant Nos. 2 to 4 filed separate joint written statement. Defendant No. 1 has set up the will executed by Charan Singh in favour of the defendant Nos. 1 to 3 on the ground that the relations of the plaintiff were strained with Charan Singh. Similar, was the written statement of defendant Nos. 2 to 4. They also maintained that the plaintiff was separate from his father and his relations were not cordial. In his replication, the plaintiff controverted the averments made in the written statement and reasserted the factual position given in the plaint.

(3.) The following issues were framed by the trial Court : -