PIAR SINGH Vs. RAI SINGH

JUDGEMENT

(1.) THIS second appeal has been filed by the defendant against the judgment of reversal, passed by the learned First Appellate Court whereby the judgment and decree passed by the learned trial Court, dismissing the suit of the plaintiffs was set aside and instead a decree in their favour was passed granting the declaration to them that they are rightful legal representatives of their deceased brother, Prithi Singh and were consequently entitled to get the possession of the land held by him.

(2.) THE plaintiffs filed a suit seeking declaration to the effect that they are legal heirs of Prithi Singh, deceased, who was their brother. It is they who succeed to the property left by him and that the defendant had nothing to do with it. A decree of possession was also claimed against the defendant, who is said to have come to occupy the land left by the deceased Prithi Singh. It is said, that the deceased was unmarried and died issueless on 1.12.1982 and that the defendant on the strength of a forged and fictitious will, took forcible and illegal possession of the landed property. According to the plaintiff no will was ever executed in favour of the defendant by the deceased Pirthi Singh and the said will has been manipulated in collusion with the scribe and attesting witnesses.

(3.) THE learned trial Court, after trial of the suit, dismissed the same and having dissatisfied from the judgment and decree passed by the learned trial Court, plaintiffs filed first appeal that came to be heard and decided by the learned Additional District Judge that is first Appellate Court and vide impugned judgment, the learned First Appellate Court has held that the will was shrouded with suspicious circumstances and the suit of the plaintiffs had been wrongly dismissed. Consequently, the appeal was allowed and the plaintiffs granted a declaration that they are owners of the land in question as heirs of their deceased brother Prithi Singh and further the plaintiffs have been granted a decree for possession of the suit land.