JAI KAUR Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS is an appeal filed by the appellants challenging the judgment of the learned District Judge reversing the findings of the learned trial Court.

(2.) THE respondent Mohinder Singh filed a suit for declaration and possession for the land which according to him, should have devolved upon him on the basis of Will dated 29.7.1978 executed by one Neki in his favour. Neki was alleged to be the owner of land measuring 45 Kanals and 5 Marlas and it is this land qua which the appellant prays that he should be declared the owner and as a consequence thereof he should be delivered the possession of the suit land. The appellant No. 1 is the widow of one Shankar who is alleged to have got the mutation of this land in her favour on the basis of Will dated 7.12.1978.

(3.) THE question which arises in the present appeal is as to whether the Will alleged to have been executed by deceased Neki in favour of respondent Mohinder Singh is valid one or not. The learned trial Court had not accepted the validity of the Will and in appeal the findings of the learned trial Court were reversed.