MAJOR SINGH Vs. NARANJAN SINGH

JUDGEMENT

(1.) This revision petition is directed against the order dated 5th May, 1987 passed by the learned Sub-Judge Ist Class, Patti. A decree dated 26th August had been passed by learned Sub-Judge Ist Class, Patti, in favour of Niranjan Singh respondent and against Major Singh petitioner herein for possession of 21 kanals 6 marlas of land which is the subject-matter of the dispute.

(2.) Inder Singh and Hamir Singh owned 42 kanals 13 marlas of land in equal shares. A partition had taken place between them. Thereafter Inder Singh sold 21 kanals 6 marlas of land of his share to a third party. On the death of Hamir Singh, however, a dispute arose whether the respondent No. 1 or the petitioner is his heir and who out of them is entitled to succeed to his estate.

(3.) In the suit filed by Naranjan Singh plaintiff-respondent No. 1 he claimed that Hamir Singh had executed a valid will in his favour. Therefore, on his death he has succeeded to his estate. On the other hand the stand of Major Singh petitioner was that Hamir Singh executed a will in his favour because his wife Sukho was related to Hamir Singh. In the judgment and decree dated 26.8.1986 the will set up by Naranjan Singh was upheld while the rival will set up by Major Singh was held to be a forged one. As a result the decree for possession was passed in favour of Naranjan Singh respondent No. 1.