JASBIR SINGH Vs. JASPAL SINGH AND ORS.

JUDGEMENT

(1.) This order of mine shall dispose of two regular second appeals bearing RSA No.1272 of 2012 and RSA No.1273 of 2012 as the common questions of law and facts involved in both the appeals are the same.

(2.) It would be apt to give brief preface to the facts leading to filing of the aforementioned suits, before adverting to the contentions and rival contentions of the parties to the lis.

(3.) The defendants in the written statement came out with a Will dated 23.09.1996 by which, Jaswant Kaur had bequeathed the property in favour of the Jaspal Singh and Jaswinder Kaur. It is also a pleaded case of the parties that prior to the execution of the aforementioned Will, Jaswant Kaur executed another registered Will dated 08.03.1983 in favour of the sons namely Jasbir Singh and Jaspal Singh. Both the Courts below, on the basis of the oral and documentary evidence, dismissed the suit and found that the Will dated 01.12.1998 was surrounded by the suspicious circumstances.