MALOOK SINGH Vs. SATNAM SINGH

JUDGEMENT

(1.) THIS appeal has been filed against the order passed by the Addl. District Judge, Patiala dated 25.1.2003 allowing the defendant- appellant to lead evidence by producing certified copies of the order of the Assistant Collector Ist Grade, Samana and Collector, Patiala. Appellant/defendant was further allowed to lead additional evidence to prove the Will dated 31.11.1987 by permitting them to place on record the original registered Will dated 30.11.1987.

(2.) THE brief facts leading to the filing of the present appeal are that the plaintiff-respondent filed a suit for joint possession claiming to be owner to the extent of 1/4 share of the property left with the deceased Hazara Singh and that defendant Nos. 3 and 10 were owner in possession to the extent of 1/4th share each and the remaining 1/4th share was owned by defendant Nos. 4 to 9 in equal share being legal representatives of deceased Amar Singh out of the share of Hazura Singh of the land mentioned in the suit. Challenge was also made to the orders passed by Assistant Collector Ist Grade, Samana dated 22.3.1996 and order of the Collector Patiala whereby mutation of inheritance of Hazura Singh was sanctioned in favour of the contesting defendant and the appellant before the learned Addl. District Judge, Patiala. It was also pleaded by the complainant as under :- "The parties are related to each other as following pedigree table :-

(3.) THE suit was contested by defendant Nos. 1 and 3. Besides taking preliminary objections on merit, it was submitted as under :-