LAWS(P&H)-2008-12-105

MOHINDER SINGH Vs. JOGINDER SINGH

Decided On December 05, 2008
MOHINDER SINGH Appellant
V/S
JOGINDER SINGH Respondents

JUDGEMENT

(1.) THE appellant challenges the judgement and decree passed by the Additional District Judge, Sangrur dated 31.3.1981, accepting the appeal filed by respondents No. 1 and 2, thereby reversing the judgement and decree dated 21.3.1980 passed by the Sub Judge, Ist Class, Malerkotla and as a result decreeing the suit filed by respondents No. 1 and 2.

(2.) SMT . Bhan Kaur, now deceased, filed a suit praying for grant of a declaration that as her real brother Saon Singh, had passed away unmarried and issueless, she has become exclusive owner of suit land, measuring 33 Kanals and 7 Marlas, situated in Village Nathumajra.

(3.) THE learned trial Court, after considering the pleadings, the evidence adduced and the arguments addressed dismissed the suit by holding that Mohinder Singh had established his status as the real son of Saon Singh deceased and was, therefore, entitled to succeed to his estate. It was also held that the registered Will dated 19.3.1966 Ex.D-1 is legal and valid.