TAJINDER SINGH Vs. RAM MURTI LAMBERDAR

JUDGEMENT

(1.) THESE two appeals are being disposed of by a common judgment since they arise out of one judgment passed by the learned District Judge, Sirmaur District at Nahan on 17.2.2000.

(2.) IT would be necessary to give the facts of RSA No. 204 of 2000. The plaintiffs are the widow and children of late Sh. Gurnam Singh. According to them, they are owners in possession of the suit land measuring 24 bighas 11 biswas situate in village Nagal Saketi and detailed in the heading of the plaint. One Sohan Singh son of Jharu was the original owner of this land. He died on 13.12.1993. The inheritance regarding the estate was mutated vide Mutation No. 392 in favour of the defendants Tejinder Singh and Harjinder Singh on the basis of a Will (Ext. D -5) executed in their favour on 3.6.1987. The plaintiffs alleged that they are the legal heirs of Gurnam Singh who was the pre -deceased son of Sohan Singh. According to them, Sohan Singh had not executed any Will dated 3.6.1987 in favour of the defendants and the same is a forged Will and a result of fraud and mis -representation and undue influence on the testator and hence not a valid Will.

(3.) THE learned Trial Court held that the Will was not genuine and the defendants had failed to explain the various suspicious circumstances surrounding the Will. It was further held that Gurnam Singh was the son of Sohan Singh and therefore the plaintiffs had inherited the estate of the deceased. The judgment in Civil Suit No. 80/1 of 1994 was confirmed by the learned District Judge in appeal.