DAYAL SINGH Vs. ATMA SINGH & ORS.

JUDGEMENT

(1.) This is plaintiff's regular second appeal.

(2.) The pedigree table of the family is given as under : One Bela Singh was blessed with three sons, namely, Atma Singh, Dayal Singh and Santa Singh. Santa Singh died during his life time and was succeeded by his widow Chanan Kaur defendant No. 2. Atma Singh was blessed with two sons, namely Randhir Singh and Gurcharan Singh, defendant Nos. 3 and 4 respectively. Dayal Singh filed a suit for declaration to the effect that plaintiff and defendant Atma Singh are owner's and in possession of the property as detailed in the plaint and for permanent injunction restraining defendant Nos. 3 and 4 from interfering with their possession or forcibly dispossessing them from the property in dispute. The Plaintiffs claim to the property left by Bela Singh is on the basis of Will dated 28.10.1958.

(3.) Defendant Nos. 3 and 4, Randhir Singh and Gurcharan Singh, sons of Atma Singh filed written statement wherein they admitted the contents of Will dated 28.10.1958 but further alleged that in view of the later will executed by Bela Singh on 31.1.1963 the earlier Will stands revoked and so the plaintiff has no right in the suit property. Smt. Chanan Kaur defendant No. 2 in her statement while admitting the contents of Will dated 29.10.1958 claimed that she is entitled to maintenance from plaintiff as well as defendant No. 1. According to defendant No. 2, her right is even protected in the later will.