MANGAL SINGH Vs. PHUMAN SINGH AND OTHERS

JUDGEMENT

(1.) This judgment will dispose of S. A. 0. Nos 28 and 29 of 1986 as both of them arise out of one and the same order dated 9.4.1986 of the learned Additional District Judge, Jalandhar.

(2.) Mangal Singh and Gurdit Singh are real brother. They had another brother Partap Singh who was unmarried and died issueless. They filed a suit claiming the property of their deceased brother. On the other hand, Phuman Singh defendant-respondant No. 1, claimed that he is the grandson of Teja Singh, another brother of the plaintiffs (Mangal Singh and Gurdit Singh) and Partap Singh deceased, and that Smt. Malkiat Kaur defendant-respondent No. 4 is his mother ; that Partap Singh had executed a will dated 6-7-1976 in their favour and they had become owners of the property by virtue of the same on the death of Partap Singh and that mutation on that basis had also been sanctioned. Malkiat Kaur respondent filed a separate written statement claiming that Partap Singh deceased had executed a will dated 19-1-1976 exclusively in her favour Lal Singh defendant-respondent No. 7 also filed a separate written statement claiming that Partap Singh deceased had executed a will in his favour and as such he had. succeeded to his estate. The other defendant-respondents either did not contest the claim in suit or were proceeded against ex parte.

(3.) On the pleadings of the parties, the following issues were framed by the learned Sub Judge Ist Class, Jalandhar