SADHU RAM Vs. DINESH KUMAR

JUDGEMENT

(1.) Admitted facts giving rise to this appeal are that Sadhu Ram, appellant and Dinesh Kumar, respondent No. 1 are real brothers and are sons of late Shri Gian Singh. Respondent No.2 Master Pardeep and Respondent No. 3 Master Randeep are the sons of Dinesh Kumar; whereas Smt. Bhagirathi, Respondent No. 4 is his (Dinesh Kumars) wife. Gian Singh died after executing and getting the sale deed Ex. PW -3/C registered in favour of respondent No. 4 his daughter -in -law Bhagirathi.

(2.) It is further not in dispute that prior to it, he had executed a registered will Ex. DA in favour of his grand -sons i.e. Respondents No. 2 and 3 on 1.12.1988. Sale deed Ex. PW -3/C (execution whereof has been proved by defendant No. 4 after having shown its original to DW -2 Brij Bhushan Lal, Document Writer, Paonta Sahib as Ex. DA), is executed on 30.1.1990 and is also registered on the same day. It was on the intervening night of 30th and 31st January, 1990 that Gian Singh died.

(3.) In the aforesaid admitted facts and background, appellant filed a suit for declaration to the effect that he is in joint possession to the extent of half share of land comprised in Khata Khatauni No. 284/591 to 604, Kitta 17, measuring 4 bighas and 13 biswas and qua his half share house situate in Village Singhpura -Bhagani is not affected by the Will dated 1.12.1988 as well as by sale deed dated 30.1.1990. As a consequential relief, it was also prayed that he is entitled to joint possession of the suit property along with respondent No.l Dinesh Kumar.