GIAN SINGH Vs. AVTAR SINGH

JUDGEMENT

(1.) The present regular second appeal is directed against the judgment and decree of the Lower Appellate Court whereby suit of the respondent-plaintiffs seeking declaration by laying challenge to the Will dtd. 14/10/1984 registered on 12/4/1985 executed by Jagta @ Jagat Singh to be invalid, void, ineffective and inoperative against the the proprietary and possessory rights and claimed devolution on the basis of natural inheritance alongwith permanent injunction restraining the defendants no.1 to 3 from creating third party rights or alienation, dismissed by the trial Court has been decreed.

(2.) It was alleged that Jagta alias Jagat Singh, father of the plaintiffs and defendants no.1 to 6 and husband of defendant no.7, was owner of the proprieties left by him as well as the amount lying in the bank and after his death on 8/11/1984, on the basis of natural inheritance, mutation was sanctioned on 6/12/1984. Defendants no.1 to 3 manufactured the Will dtd. 14/10/1984 alleged to have been executed by Jagat Singh in their favour which was invalid and illegal as he was in unsound mind at the relevant point of time.

(3.) Defendants no.1, 2, 5 and 6 opposed the suit by filing joint written statement and propounded the Will to be valid and genuine. After receipt of the replication, the trial Court framed the following issues:-