TARSEM LAL Vs. SOHAN LAL AND ORS.

JUDGEMENT

(1.) The present regular second appeal has been directed against the judgment and decree dated 14.5.2009 passed by the District Judge, Sangrur whereby the appeal preferred by respondent Sohan Lal against the judgment and decree dated 17.12.2005 passed by the Additional Civil Judge (Senior Division), Dhuri has been allowed and as a consequence, the suit filed by the appellant -plaintiff claiming inheritance to the estate of deceased Walaiti Ram on the basis of natural succession has been dismissed with costs.

(2.) The facts relevant for disposal of the present appeal are that Walaiti Ram (since deceased), father of the appellant and respondents was owner in possession of the suit property. It is averred that the appellant has became owner in possession to the extent of 1/6th share in the suit property being one of the class -I legal heirs of deceased Walaiti Ram. Sohan Lal -respondent got mutation of land measuring 01 bigha 14 biswas detailed in clause (a) of the head note of the plaint, sanctioned in his favour on the basis of Will dated 1.6.1988 allegedly executed by deceased Walaiti Ram. The deceased had great love and affection for all his children and he never executed any will in favour of respondent No. 1. The said Will was got cancelled by Walaiti Ram vide cancellation deed dated 30.10.1991 because respondent No. 1 had not been serving him properly.

(3.) The contesting respondents filed their written statement jointly and raised preliminary objections to challenge the maintainability of the suit in the present form; suit being barred by limitation; without any cause of action and locus standi to file the suit. It has been averred that Walaiti Ram used to reside with respondent No. 1 and he executed a registered Will dated 1.6.1988 in his favour as he used to render services to the deceased.