KAPUR SINGH Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) The present regular second appeal is directed against the judgment and decree of the lower Appellate Court, whereby the suit of the appellants-plaintiffs seeking declaration as well as permanent injunction, decreed, by the trial Court, has been dismissed.

(2.) The appellants-plaintiffs along with defendant No.10 claimed declaration to the effect that on the basis of the registered Will dtd. 6/11/1981, executed by Acchra Singh son of Nihal Singh, were owners in equal share and in exclusive possession of land measuring 36 kanals 2 marlas. Challenge was also laid to the order dtd. 14/12/1982, of the Assistant Collector, sanctioning the mutation of inheritance in favour of defendant Nos.1 to 9. Acchra Singh was owner in possession of the suit land and one house in the same village. He was unmarried and without any issue, died on 21/11/1981 at Village Birmi Tehsil and District Ludhiana. He had very cordial relations with Sher Singh, father of the plaintiffs and defendant No.10. The plaintiffs and defendants used to treat Acchra Singh, their uncle and had been serving Acchra Singh, during his life-time. While in sound disposing mind, bequeathed the property by way of Will. However, defendant No.1, after death of Acchra Singh, fabricated the Will dtd. 8/11/1981 and filed a suit for permanent injunction, which was dismissed by the trial Court on 3/6/1982. Defendant Nos.1 to 9 extended threats and therefore, a cause of action accrued to file the suit.

(3.) Defendant No.1 opposed the suit by raising all preliminary objections, did not deny that Acchra Singh was the owner of the suit property, but disputed the execution of the Will in favour of the plaintiffs or Sher Singh, father of the plaintiffs and defendant No.10 and was having cordial relationship with him, being an attempt to grab his estate.