DHARAM SINGH Vs. BIJENDER MINOR

JUDGEMENT

(1.) THIS regular second appeal has been directed against the judgments and decree dated 19.10.1989 and 26.4.1991 passed by the learned courts below dismissing the suit filed by the plaintiffs for declaration with consequential relief of possession.

(2.) THE appellant/plaintiffs brought a suit for declaration with a consequential relief of possession on the pleadings that the parties to the suit are Jats and governed by customary law of District Rohtak in the matter of alienation and Will etc. The plaintiffs claimed that after the death of Siri Chand, Bijender minor son of Same claimed himself to be the owner of the land left by deceased Siri Chand on the basis of Will alleged to have been executed by him. Will was set said to be illegal, sham transaction, which could not be acted upon, thus, was not binding on the rights of the plaintiffs being contrary to the customary law prevalent among the Jats of Rohtak. It was alleged that the deceased Siri Chand was not in sound disposing mind due to old age and the Will was the outcome of undue influence, fraud and cheating played by the defendants on the deceased Siri Chand. It was further the case of the plaintiff/appellants that during the life time of Siri Chand and Bhagwana one Mohan Lal brother of Bhagwana and Siri Chand had executed a Will in favour of the plaintiff out of love and affection.

(3.) THE suit was contested by defendant No. 1 on the plea that the pedigree table was not clear, though he admitted the death of Siri Chand on 2.3.1981. It was denied that the suit land was ancestral. It was, however, admitted that the parties were Jats but it was contended that they were not governed by customary law. It was further the case of the defendant/respondent that sonless proprietor who is governed by customary law has got every right to alienate the suit property through the Will in lieu of the services rendered by the legatees.