AJIT SINGH Vs. MADHA SINGH AND ANR.

JUDGEMENT

(1.) THE facts leading to the filing of this regular second appeal against the judgment and decree of the Court of Shri R. K. Baweja, Additional District Judge, Gurdaspur, affirming that of the trial Court, dated January 19, 1960, are these.

(2.) THE property in dispute belonged to Smt. Iqbal Kaur whose relationship with the parties to this litigation would become apparent from the following pedigree -table.

(3.) ON February 20, 1959, Ajit Singh, Appellant and Iqbal Singh, Respondent 2 filed a suit against Madha Singh, Respondent for possession of the property in dispute. They claimed the property as nephews of Teja Singh and natural heirs of Iqbal Kaur. The suit was resisted by Madha Singh. He claimed to have become owner of the property under the will exhibit D. 1. The Plaintiffs filed a replication in reply to the written statement of Madha Singh. The relevant averments are contained in paragraph 2 of the replication. It was admitted therein that Madha Singh, Defendant had been cultivating the land in dispute for some time and was living with the deceased at the time of her death. It was denied that Iqbal Kaur had executed any valid will. It was also denied that the alleged will was signed or thumb -marked by Iqbal Kaur. The Plaintiffs went to the extent of denying that Iqbal Kaur was alive at the time of the making of the will and lastly added that they did not admit that she was in her proper senses and sound disposing mind so as to be able to understand her interests and benefits at the time of the execution of the will. In the replication, the Plaintiffs specifically denied that Madha Singh had been rendering service to the deceased. From the pleadings of the parties, the trial Court framed the following issues on May 29, 1959, - -