JASWANT SINGH Vs. KULDEEP SINGH AND OTHERS

JUDGEMENT

(1.) Having failed before the two Courts below, the plaintiff has approached this Court through the present Regular Second Appeal.

(2.) Plaintiff Jaswant Singh filed a suit for declaration and/or permanent injunction claiming that he is sole owner of the property in question and the defendants had no concern with the same. The plaintiff also challenged the decree dated May 31, 1993 claiming that the said decree had been obtained by the defendants from the plaintiff by producing some other person in place of the plaintiff and by practicing fraud. It was specifically claimed by the plaintiff that he had never engaged any counsel nor had filed any written statement nor admitted the claim of the defendants at any point of time.

(3.) The plaintiff claimed that he was residing with Sardara Singh, his father and in lieu of the service rendered by him, Sardara Singh executed a Will dated May 23,1986 in his favour. As a consequence of the aforesaid Will, the plaintiff had become owner of the property in question after the death of Sardara Singh.