PREM SINGH Vs. GURDIAL SINGH

JUDGEMENT

(1.) Both these Regular Second Appeals arise out of the common judgment and these are being disposed, of by this common judgment.

(2.) Amar Singh alias Amru is alleged to have made a will bequeathing the property to two of his sons viz. Prem Singh an Punjab Singh. The will is dated 1. 4. 76. Amru died on 30. 9. 84. Civil Suit No. 196 of 1989 was filed by another son of Amru viz Gurdial Singh challenging the said will. The suit was decreed and will and the consequent mutation were set aside. Plaintiff Gurdial Singh, Deep Kaur, Prem Kaur and Gobindi widow of Amru were held to be joint owners having 1/6th share each. The judgment and decree were challenged by Prem Singh and Punjab Singh who are beneficiaries of the will and also by Deep Kaur and Prem Kaur vide civil appeal No. 275 of 1997, which was dismissed. Against the appellate judgment and decree Prem Singh and Punjab Singh have filed RSA No. 1396 of 1998 and Deep Kaur and Prem Kaur have filed RSA No. 1918 of 1998.

(3.) I have heard Mr. R. S. Longia, counsel for the appellants and Mr. Hemant Kumar, counsel for respondent No 1.