(1.) Sunder Singh and Mehar Singh jointly owned certain properties. Sunder Singh had two wives namely Misru Devi (defendant No. 2) and Isru (defendant No. 9) who respectively gave birth to sons Ranjeet Singh (defendant No. 1) and Prithvi Singh (plaintiff). Dispute pertaining to the inheritance of estate of Sunder Singh resulted into the parties litigating amongst themselves. The dispute is primarily between Prithvi Singh and Ranjeet Singh. Resultantly Prithvi Singh (respondent No. 1 herein) filed a suit, inter alia, against Ranjeet Singh (appellant herein) seeking declaration of his right in the estate of Sunder Singh. In defence Ranjeet Singh claimed absolute ownership on the basis of Will dated 7.2.2009, allegedly executed by Sunder Singh, excluding Prithvi Singh from inheritance.
(2.) Based on the respective pleadings of the parties, trial Court framed the following issues:
(3.) Finding, the plaintiff not to have established its case, issues came to be decided in favour of the defendant and, as such, trial Court dismissed the suit in terms of judgment and decree dated 7.12.2013 passed in Civil Suit No. S.D./0300063/2009, titled as Prithvi Singh vs. Ranjeet Singh & others.