PRITO Vs. BALWANT SINGH

JUDGEMENT

(1.) The present Regular Second Appeal is directed against the concurrent findings of fact, whereby the suit of the respondent-plaintiff for declaration having become owners in possession of land measuring 132 kanals 3 marlas on the basis of the registered Will dtd. 3/1/1977 executed by his father Bur Singh, has been decreed by the trial Court and affirmed in appeal.

(2.) Respondent-plaintiff claimed the aforementioned declaration on the premise that Bur Singh, during his life time, had bequeathed the property vide registered Will dtd. 3/1/1977 attested by Kartar Singh and Assa Singh and scribed by Chaman Lal and the defendants had no right, title and interest in the aforementioned property as defendant Nos. 1, 2 and 3 (sisters of the plaintiff and daughters of Bur Singh) were married in 1950, 1959 and 1961 respectively. Bur Singh died on 24/2/1985. When defendants asserted the right, plaintiff was construed to file the suit.

(3.) Defendants opposed the suit and denied the execution of the Will, which was stated to be forged and fabricated. It was a coparcenary property and bequeathing of the same without legal necessity was not acceptable in law.