SH HARBANS SINGH Vs. HARDAYAL SINGH

JUDGEMENT

(1.) THE will dated 3. 12. 1974 executed by Sultan Singh, the predecessor-in-interest of the parties, was the subject matter of a suit filed by the respondent/plaintiffs in the court of Sub-Judge Ist Class, Zira which was dismissed vide judgment and decree of the trial Court dated 24. 10. 1978. The appeal preferred by the plaintiffs was allowed by the learned Single Judge vide judgment impugned in this appeal. It is submitted that the judgment of the learned Single Judge is against law and facts and thus liable to be quashed.

(2.) THE Facts giving rise to the filing of the present appeal are that the plaintiff/respondents, namely, Hardial Singh and others filed a suit for possession of land measuring 269 kanals 5 marlas situated is village Pandori Arian Tehsil Zira on the basis of their title claimed through Sultan Singh son of Ganda Singh. A further declaration was sought for the plaintiffs' entitlement to the payment of an amount of about Rs. 50,000/- lying in deposit in Post Office and Central Bank of India, Dharampur. The land in dispute was admittedly in the ownership; of Sultan Singh. The plaintiffs claimed to be the 4th decree collaterals. of Sultan Singh. The defendants were alleged to have got the land mutated in their favour on the basis of the Will, the subject matter of dispute between the parties. It was alleged that even if the Will was proved to have been executed, the same was false and fictitious and Procured under suspicious circumstances. The claim of the plaintiffs was also resisted on the ground that they were not in any way related to Sultan Singh and the will executed by said Sultan Singh was stated to have been validly executed on 3. 12. 1974.

(3.) AFTER affording the parties opportunity to lead evidence and hearing rival contentions the trial Court dismissed the suit vide its judgment and decree 24. 10. 1973. In appeal, the learned Single Judge held the Will to have been executed under suspicious circumstances and decreed the suit of the plaintiffs for joint possession to the extent of half share in the land and the cash deposits left by Sultan Singh.