HARNAM SINGH Vs. GURBAX SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed by the defendants against the judgment and decree, dated August 31, 1979 passed by the Ist Additional District Judge, Ferozepur, vide which judgment and decree, dated October 5, 1977 of the trial Court were affirmed and the appeal was dismissed.

(2.) FOR the proper appreciation of the controversy between the parties, pedigree-table of the parties would be of advantage :

(3.) THE suit was contested by the defendants alleging that the plaintiffs are not related to Shangara Singh deceased in any manner. Shangara Singh had one son and one daughter, namely, Harnam Singh and Harnam Kaur defendants 1 and 2. Shangara Singh had died few days after May 1, 1968. The deceased made a valid Will in favour of Sewa Singh and Achhar Singh on his free will and that the mutation was rightly sanctioned in their favour. The deceased had love and affection for defendants 3 and 4, Sewa Singh and Achhar Singh. According to defendants, Shangara Singh had died on May 4, 1968 and not on April 28, 1968 as alleged by the plaintiffs. According to them, the copy of the death entry produced by the plaintiffs appears be interpolated. The correctness of pedigree-table was not disputed.