INDERJIT KAUR ALIAS JAGIR KAUR Vs. BHAG SINGH

JUDGEMENT

(1.) This is a plaintiff's second appeal.

(2.) The plaintiff-appellant, Inderjit Kaur instituted a suit for possession of the suit land on the allegations that her father was the owner in possession of the land and he had died on 26.12.1974 leaving her as his only survivor. It as also pleaded that her father, Gian Singh had executed a Will dated 18.12.1984, Exh.P-1 bequeathing his entire property to her and that the defendant-respondents 1 and 2 i.e. Bhag Singh and Nachhattar Singh, were the nephews of Gian Singh and they had got a mutation sanctioned in their favour on the basis of a Will, Exh.D-3 allegedly executed in their favour on 14.8.1967. The appellant accordingly claimed the estate of her father on the basis of the Will dated 18.12.1974 and also as being the sole heir of the deceased. Bhag Singh and Nachhattar Singh contested the suit and claimed that the aforesaid will propounded by the appellant was a forged one and that in any case, the deceased had left a registered Will dated 14.8.1967 in their favour on account of the love and affection that he had towards them, as the deceased had been residing with them. It was also pleaded that the Will dated 18.12.1974 was a forged and fabricated document.

(3.) On the pleadings of the parties, the following issues were framed: