BALBIR SINGH Vs. DEVINDER SINGH

JUDGEMENT

(1.) Plaintiff-Appellant is in the regular second appeal against the concurrent findings of fact arrived at by both the courts below, dismissing suit for declaration with consequential relief of permanent injunction.

(2.) Plaintiff claims that the property was Joint Hindu Family Ancestral Coparcenary property and therefore his predecessor late Sh. Chet Singh was not competent to bequeath the property by executing a testament.

(3.) Defendants who are also grand sons of late Sh. Chet Singh, defended the suit and pleaded that late Sh. Chet Singh had executed 2 registered testaments, first dated 10.06.1996 and second dated 16.10.1996. It was further pleaded that the plaintiffs and defendant no.3 to 9 had separated and they did not even participate in the last rites of late Sh. Chet Singh.