JOGINDER SINGH Vs. SURINDER SINGH

JUDGEMENT

(1.) THIS is a defendants' appeal and has been directed against the judgment and decree dated 4. 2. 1980 passed by the Court of Additional District Judge, Faridkot, who set aside the judgment and decree dated 26. 8. 1978 passed by the Court of Sub Judge 1st Class, Faridkot, who decreed the suit of the plaintiff Surinder Singh (dead) represented by the legal representatives.

(2.) BRIEF facts of the case are that Smt. Sham Kaur widow of Attar Singh died on 11. 8. 1970 and her daughter Smt. Devinder Kaur filed an application for succession certificate on the basis of the will in her favour allegedly executed by her mother Smt. Sham Kaur. Notice was issued to Surinder Singh Plaintiff-respondent and he also claimed the property of Smt. Sham Kaur on the basis of the will in his favour and asserted that the will relied upon by Smt. Devinder Kaur was a forged document. The Presiding Officer, who was seized of the matter came to the conclusion that since a complicated question of law and fact is involved, no succession certificate could be granted in favour of Smt. Devinder Kaur and the Presiding Officer directed the parties to get their rights adjudicated from the civil Court. Resultantly, Surinder Singh filed the. present suit, asserting that Smt. Sham Kaur, widow of Attar Singh died on 11. 8. 1970. She was the mother of the plaintiff, defendants Nos. 2, 3 and 5 and the maternal grand mother of defendants Nos. 1, 4-a to 4-E. She had left some amount in the bank account mentioned in the plaint and she had also executed a valid will dated 18. 1. 1963 (Exhibit P1) in favour of the plaintiff and none of the defendants had any right in any property left by Smt. Sham Kaur deceased. Devinder Kaur, mother of defendant No. 1, had alleged a will dated 7. 8. 1970 (Exhibit D1) in her favour. It was never executed by Smt. Sham Kaur in her favour and any such will is a fictitious document. The defendants were called upon to admit the rights of the plaintiff but they refused to do so. Reference was also made by the plaintiff to the application for the grant of succession certificate and the order dated 19. 1. 1971 passed by the Civil Court, who directed the parties to approach the Civil Court for the adjudication of their rights. Plaintiff Surinder Singh claimed a declaration that he is the sole heir of the properties left by Smt. Sham Kaur.

(3.) ON the above pleadings of the parties, the trial Court framed the following issues: