(1.) Unsuccessful plaintiff Babu Singh has filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 23.2.1987 passed by Additional District Judge, Kurukshetra who dismissed the appeal filed against the judgment and decree dated 28.11.1984, passed by the Senior Sub Judge, Kurukshetra, who dismissed the suit of the plaintiff. The first appellate Court also dismissed the application under Order 41 Rule 27 C.P.C.
(2.) The brief facts of the case are that appellate Babu Singh and respondent No.5 Kulwant Singh, are the real brothers and they are the sons of Shri Rur Singh. Smt. Sant Kaur is their maternal grandmother (Nani) and she owned certain lands in village Arai in Tehsil Thanesar, District Kurukshetra. She made a Will of her land in the name of respondent No. 5 Kulwant Singh on 8.11.1957. Shri Kulwant Singh sold the entire land to Balwant Singh and Saudagar Singh. Ajit Singh son of Babu Singh appellant brought a suit for pre-emption. Pre-emption suit was dismissed. An other suit for pre-emption was also brought by respondents No. 1 to 4 Shri Ranjit Singh, Rajinder Singh, Raghbir Singh and Ravinder Singh and their suit was dismissed and hence they became the owners of the property in question.
(3.) Babu Singh plaintiff-appellant filed a suit for declaration against respondent No. 5 that he was the owner to extent of 1/2 share and that the Will dated 8.11.1957 executed by Smt. Sant Kaur in favour of Kulwant Singh, was the result of fraud and misrepresentation. This suit was also dismissed vide judgment Ex.D.2 on the record. The appeal of Shri Babu Singh was also dismissed vide judgment Ex.D.1.