GURMEL SINGH Vs. KARTAR SINGH

JUDGEMENT

(1.) UNSUCCESSFUL plaintiff Gurmel Singh has filed the present R. S. A. and it has been directed against the judgment and decree dated 13. 12. 1982 passed by the Court of Additional District Judge, Ludhiana, who accepted the appeal of defendant Kartar Singh and set aside the judgment and decree dated 27. 10. 1978 passed by the Court of Sub-Judge, IInd Class, Ludhiana, who decreed the suit of the plaintiff-appellant Gurmel Singh for possession of the suit land.

(2.) THE pleadings of the parties can be summarised in the following manner.

(3.) NOTICE of the suit was given to the defendant who contested the suit by alleging that Mal Singh deceased was not Mahant in the strict sense, though he used to call himself as Mahant but he was the Chela of Mahant Bishan Dass, who was the Chela of Smt. Kirpoo of Village Khandoor. Mahant Bishan Dass was the owner of land measuring 53 Kanals 5 Marlas in secular character and not as Mohtamim, as alleged by the plaintiff. The defendant denied that the land in dispute was ever attached with the Dera. The defendant admitted that Mal Singh executed a will dated 25th March, 1971 (Exhibit P-1), but the said will was revoked by the deceased by another registered will dated 20. 7. 1971 (Exhibit D-1 ). Thereafter Mal Singh executed one more will dated 30. 12. 1971 (Exhibit D-2) in sound disposing mind and this was the last will of Mahant Mal Singh. On the basis of the will dated 30. 12. 1971 (Exhibit D-2) mutation was rightly sanctioned in favour of the defendant, who succeeded to the estate of deceased Mal Singh, who never appointed the plaintiff as Chela. Rather deceased Mal Singh described the plaintiff as undesirable person. The plaintiff was never appointed as Mahant by the Bhaik on 9. 8. 1972 after the death of Mal Singh, which admittedly took place on 24. 7. 1972. In fact, the defendant was appointed as Mahant by Mal Singh. The will pronounced by the plaintiff is a forged document and the mutation has been rightly sanctioned in favour of the defendant.