(1.) THIS is a plaintiffs suit for possession of the properties mentioned in the plaint on the basis of will alleged to have been executed by Sardar Mohan Singh, the owner of the properties in dispute.
(2.) THE case of the plaintiffs is that Sardar Mohan Singh died on 7 -5 -1960 and before his death he had executed a will dated 2 -3 -1960 in favour of the plaintiffs who are his nephews. Under the will he properties mentioned in plaint were bequeathed o the plaintiffs and defendant No. 1 was to get a house at Batote, some cash and jewellery. It was urther alleged by the plaintiffs that defendant No. 1 was not a legally wedded wife of Sardar mohan Singh but was only his concubine. It was similarly asserted that Prem Kaur was not the daughter of Sardar Mohan Singh but a niece of defendant No. 1 who had been living with Mohan Singh upto the date of his death. The case as amplified in evidence is further that after the death of Sardar Mohan Singh, the plaintiffs father Partap Singh who was the real brother of Mohan Singh performed his last rites It was further alleged by the plaintiffs that Sardar Mohan Singh after executing the will placed it in the custody of P. W. Amar Singh who handed it over to the plaintiffs in March 1962 after which the plaintiffs got this will registered and then filed the present suit. The plaintiffs further alleged that defendant No. 1 was asked to surrender possession of the properties, but as she refused to do so, hence it became necessary for them to file the present action.
(3.) THE suit was contested by the defendants on various grounds.