JOGINDER SINGH Vs. BHAGAT SINGH

JUDGEMENT

(1.) The application for impleading the legal representatives of deceased-respondent No.1 is allowed subject to all just exceptions and the legal representatives are ordered to be brought on record for the purpose of adjudication of present appeal.

(2.) The amended memo of parties is taken on record and the registry is directed to put the same at appropriate place. RSA No.2312 of 1988 The present regular second appeal is directed against the judgment and decree of the lower Appellate Court whereby plaintiff's suit dismissed by the trial Court has been partly allowed and decree for possession of 1/6th share in the land in dispute has been passed.

(3.) The case revolves around succession of shop of one 1 of 6 RSA No.2312 of 1988 (O&M) Dalipa. Plaintiff is nephew from the maternal side of Dalipa i.e. sons of sister of Dalipa whereas defendants are nephews i.e. sons of Dalipa's brother. Plaintiff propounded the registered Will dated 20.04.1981 alleged to have been attested by PW4 Rajinder Mehta, Municipal Commissioner, Sunder Nagar and J.C. Khanna, PW5 whereas defendants also propounded registered Will dated 08.09.1977.