MEHAR SINGH Vs. MOHINDER KAUR

JUDGEMENT

(1.) THIS will dispose of Regular Second Appeals No. 1949 and 1950 of 1979.

(2.) BOTH the Regular Second Appeals are by the defendants directed against the judgment and decree of the Courts below whereby suit filed by the plaintiff for joint possession of land in dispute, has been decreed in favour of the plaintiffs and against the defendants.

(3.) MOHINDER Kaur wife of Kehar Singh filed one suit whereas Amarjit Singh, Charanjit Singh and Karamjit Singh, sons of Kehar Singh filed another suit. In both the suits, the claim of the plaintiffs was that Waryam Singh, during his life-time, executed a valid Will dated 17. 10. 1973 in their favour. According to the plaintiff, vide Will in question, Waryam Singh bequeathed land measuring 8 kanals in favour of Mohinder Kaur whereas out of the remaining land, 2/5th was given to Joginder Singh and Mehar Singh sons of Waryam Singh and 3/5th to sons of Kehar Singh. Suit was mainly contested by Joginder Singh and Mehar Singh sons of Waryam Singh and Charan Kaur, daughter of Waryam Singh by saying that the Will set up by the plaintiffs is not a validly executed Will. Defendants alleged that Waryam Sing had executed Will dated 28. 10. 1973 in their favour.