RAVINDER SINGH Vs. DARSHAN KAUR AND ORS.

JUDGEMENT

(1.) The present appeal has been directed against consistent findings recorded by the Courts below whereby suit filed by Darshan Kaur and another was decreed by the learned trial Court vide judgement and decree dated 29.07.2010 and the appeal preferred by Sh. Ravinder Singh through his mother and next friend Smt. Jasbir Kaur did not find favour with the First Appellate Court of District Judge, Shaheed Bhagat Singh Nagar and as a result, the findings recorded by the learned trial Court were affirmed.

(2.) The present litigation pertains to inheritance to the estate left behind by Sh. Bakhshish Singh who passed away in May, 1999. Admittedly, Sh. Bakhshish Singh left behind his widow namely Darshan Kaur, Buta Singh, father of Ravinder Singh (son), Jasbir Kaur (daughter) plaintiff No. 2 and children of a pre -deceased daughter of Bakhshish Singh. Darshan Kaur and Jasbir Kaur filed the suit claiming themselves to be co -owner in possession of the suit property on the basis of natural succession. Ravinder Singh minor sued through his mother and next friend Smt. Jasbir Kaur contested claim of the plaintiffs/respondents on the basis of testamentary succession and has propounded the registered Will dated 22.10.1998 purported to be executed by Sh. Bakhshish Singh in his sound disposing mind whereby Sh. Bakhshish Singh bequeathed his entire estate in favour of Sh. Ravinder Singh to the exclusion of all his class one heirs though provision was made for maintenance of Smt. Darshan Kaur out of 02 killas of land and income of another 02 killas being available to Sh. Buta Singh, his son till the lifetime of Darshan Kaur and Buta Singh, respectively.

(3.) The learned trial Court, on consideration of the materials on record discarded the Will by holding that the same is surrounded by suspicious circumstances detailed in Paras 21 to 31 of the judgment and the Court has taken into consideration as many as 9 to 10 suspicious circumstances. The First Appellate Court culled -out two legal points for its determination detailed in Para 14 of the judgment and both these Issues were answered against the appellant and eventually, the appeal preferred by Ravinder Singh was ordered to be dismissed.