AMRITPAL SINGH Vs. GURDIAL KAUR

JUDGEMENT

(1.) This order will dispose of RSA No.5812 and RFA No.10712 of 2014 as identical questions of law and facts are involved for adjudication. For facility of reference, facts are taken from RSA No.5812 of 2014.

(2.) The present litigation pertains to inheritance to estate left behind by Ram Singh (since deceased) who died on 09.12.1991. Sh. Ram Singh left behind five sons namely Amrit Pal Singh, Devender Singh (appellants herein), Amrik Singh, Jagbir Singh and Balbir Singh - respondents/defendants No.2 to 4. Gurdial Kaur, widow of the deceased, died during pendency of the suit on 02.07.2006 and is represented by the plaintiffs and defendants being sons of said Gurdial Kaur. Land comprised in khasra No.2311, 2312, 2316, 2334 and all rights appurtenant thereto and share of Ram Singh in the shamlat land at village Mullanpur Garibdas is the subject matter of dispute in the present litigation. The appellants/plaintiffs have claimed their joint ownership in joint possession to the extent of half share each in the aforesaid land on the basis of Will dated 08.06.1989 purported to be executed by deceased Ram Singh. They have also challenged Will dated 16.08.1991 set up by defendants No.1 and 2 being illegal, null and void, forged and fictitious having no affect qua rights of plaintiffs regarding suit property.

(3.) The appellants/plaintiffs filed replications wherein they reiterated the averments contained in the plaint and controverted the allegations of written statement filed by defendants No.1 and 2.