KASHMIR SINGH Vs. JAGAT SINGH

JUDGEMENT

(1.) SHRI Ghanya, and Sahanu were owners of land measuring 22 Bighas 5 Biswas to the extent of half share each comprising Khasra Nos. 36, 41, 42, 96, 98, 105, 116, 126, situate in Village Nalti, Pargana Sariun, Tehsil Ghumarwin, District Bilaspur, H.P. Shri Sahanu thus was owner to the extent of 11 Bighas and two Biswas. His wife pre -deceased him and he died issueless, as such, after his death the legal heirs of Shri Ghanya and Tusli, by way of succession, were entitled to inherit his estate.

(2.) SHRI Kashmir Singh son of Shri Ghanya propounded Will dated 9.4.1973 registered on 26.4.1973 executed by Shri Sahanu in his favour. Based on the same, the mutation in the revenue record was attested whereby share of Shri Sahanu was attested in favour of Shri Kashmir Singh. Being aggrieved of the same Shri Jagat Singh son of Shri Tulsi Ram, filed Civil Suit No.37/1 of 1987 against Shri Kashmir Singh and other legal heirs of Shri Ghanya as defendants No.1 to 4 and other legal heirs of Shri Tulsi Ram as proforma defendants No.5 and 6.

(3.) BASED on the pleadings of the parties, the trial Court framed the following issues: -