MOHINDER SINGH Vs. BALDEV SINGH AND OTHERS

JUDGEMENT

(1.) This regular second appeal has been filed by the plaintiff-appellant against the judgment and decree of the Courts below whereby his suit has been dismissed.

(2.) The plaintiff and defendant Nos. 1 and 6 are brothers being the sons of Saudagar Singh. Defendants No. 4 and 5 are their sisters. Defendants No. 2 and 3 are the sons of defendant no.1-Baldev Singh.

(3.) The plaintiff had filed a suit for declaration to the effect that he alongwith defendants No.1,4,5 and 6 were entitled to succeed/inherit 1/5th share in the property owned by Smt. Parkash Kaur, their mother being her legal heirs and that the Will dated 23.01.1998 executed by Parkash Kaur in favour of defendants No. 2 and 3 was not valid being the result of fraud and misrepresentation. The consequent mutation dated 26.4.2005 was also not legal and binding upon them.