MEHAR SINGH Vs. DHARAM SINGH

JUDGEMENT

(1.) This order will dispose of RSA Nos. 342 and 360 of 1977.

(2.) These appeals have a chequered history.

(3.) Raj Kaur filed a suit against Dharam Singh and Bachan Singh being Civil Suit No. 77 of 1959 at Una claiming possession and ownership of land measuring 238 kanals 7 marlas in village Lodhipur, Tehsil Una, District Hoshiarpur. The suit was decreed by the trial Court by judgment and decree dated 21.6.1956 for possession of 1/2 share in land measuring 238 kanals 7 marlas. Raj Kaur died on 23.7.1956. Mehar Singh and Chhanga Singh are the sons of Inder Singh, brother of Raj Kaur. They claimed that Raj Kaur left behind a Will dated 18.6.1956 in their favour i.e., Mehar Singh and Chhanga Singh. Dharam Singh and Bachan Singh did not challenge the decree passed against them by the trial Court in the suit filed by Raj Kaur against them. However, Mehar Singh and Chhanga Singh claiming to be legatees of Raj Kaur, preferred an appeal against the judgment and decree dated 21.6.1956. They in the appeal claimed that trial Court ought to have decreed the suit for the entire land namely 238 kanals 7 marlas. This appeal was dismissed by the learned Additional District Judge, Hoshiarpur by judgment and decree dated 14.8.1957 after coming to the conclusion that the Will challenged to have been executed by Raj Kaur in their favour has not been duly proved and the appeal was thus not competent at their instance. Mehar Singh and Chhanga Singh aggrieved by the order of the Appellate Court filed an appeal in this Court which was registered as RSA 1275 of 1957. This Court allowed the appeal by order dated 11.8.1964 after coming to the conclusion that the Will was duly executed and was free from suspicion. The appeal filed by Mehar Singh and Chhanga Singh was thus competent. The matter was, therefore, remanded to Additional District Judge for disposal of the appeal on its own merits. Dharam Singh and Bachan Singh sought leave to file an appeal from the learned Single Judge, which was granted. The Letter Patent Appeal was registered as LPA No. 386 of 1964.