YADWINDER SINGH Vs. AJMER KAUR

JUDGEMENT

(1.) HEARD on the point of admission of this appeal.

(2.) WITHOUT going into the details, suffice it to say that Ajmer Kaur, plaintiff-respondent No. 1, widow of Manohar Singh, had filed a suit for possession of the disputed property on the basis of inheritance of her husband-Manohar Singh, who died in the year 1995. In her suit, she had also challenged a family Will dated 18.12.1994 in favour of defendant-respondent No. 9 Bhupinder Singh and appellant Yadwinder Singh. They both were impleaded as defendants before the learned trial Court through their mother and father respectively. Ultimately, the suit filed by Ajmer Kaur, plaintiff-respondent No. 1 was decreed and then the appeal filed by Yadwinder Singh only through his mother Jaswinder Kaur, was also dismissed.

(3.) AFTER going through the facts of the aforesaid ruling, it is made out that the facts contained therein are quite at variance from the facts of the case in hand, inasmuch as, here, in the instant case, Bhupinder Singh, defendant- respondent No. 9 was impleaded through Smt. Rani, who is his mother, whereas, Yadwinder Singh, appellant, was impleaded in the trial Court through his father Raghubir Singh. In the given facts and circumstances, no one could be the better well-wisher of the minors than heir natural guardians, who are admittedly mother and father of the aforesaid minors, respectively. It is also to add here that no appeal was preferred on behalf of Bhupinder Singh before the first Appellate Court. However, it was only Yadwinder Singh, appellant herein, who filed the first appeal through his mother Jaswinder Kaur, that too was dismissed.