SADHA SINGH Vs. HARNAM SINGH AND OTHERS

JUDGEMENT

(1.) Sadha Singh plaintiff filed a suit for possession of the land in dispute contending that Labh Singh son of Jagat Singh was the last male holder of the suit land and the plaintiff being his brother's son was the natural heir. It was averred that the defendants had forcibly taken possession of the suit land claiming ownership through a Will executed by the deceased in their favour. The Will was challenged as being fabricated. Labh Singh was stated to be an old and sick person who had lost the thinking power and was not in a sound disposing mind to execute the Will. Thus, the Will could not be acted upon.

(2.) The defendants, in their written statement, denied the above said allegations and raises other contentions. The following issues were framed :-

(3.) The defendants preferred an appeal which as a sequel to the grant of the application of the plaintiff seeking permission for amendment of the plaint was remanded to the trial Court by the lower appellate Court after setting aside its judgment and decree.