BAHADUR SINGH Vs. POORAN SINGH

JUDGEMENT

(1.) The present intra court appeal filed under section 18 of the Rajasthan High Court Ordinance arises out of the judgment and order dated 19.2.1992 passed by the learned Single Judge in S.B.Civil Misc. Appeal No. 182/89 filed by the present respondent No.1 Pooran Singh (original plaintiff) under section 384 of Indian Succession Act, 1925 (hereinafter referred to as the 'said Act'), whereby the learned Single Judge had allowed the said appeal and granted the probate of the will dated 15.10.1976, executed by Joothar Singh @ Mool Singh, in favour of Pooran Singh, and had set aside the judgment and order dated 24.1.89 passed by the learned District Judge, Alwar (hereinafter referred to as the 'trial court').

(2.) The short facts giving rise to the present intra court appeal are that the respondent No.1,Pooran Singh through his father and natural guardian Shishupal Singh had filed an application before the trial court, seeking probate of the will dated 15.10.1976 executed by Joothar Singh in favour of the said Pooran Singh. The said application having been contested by the present appellant and the respondent Nos 2 to 5 (original defendants) as the legal heirs of original defendant Bool Singh @ Phool Singh, the same was converted into the regular civil suit by the trial court. It was contended by the respondent No.1 Pooran Singh before the Trial court that Doonga Singh had three sons named Sunda Singh, Joothar Singh and Bool Singh @ Phool Singh and that the said Joothar Singh did not have any issue. The said Bool Singh @ Phool Singh had four sons named Peer Dhan, Birju, Bahadur Singh and Ram Singh and one daughter named Vimla.The said Sunda Singh had two sons named Shishupal and Bane Sing. The respondent No.1 Pooran Singh was the son of Shishupal Singh. According to the respondent No.1 (original plaintiff), since the said Joothar Singh @ Mool Singh did not have any issue, he was being looked after by and was staying with Sunda Singh, father of the Shishupal Singh. The said Joothar Singh therefore executed a will in favour of Pooran Singh son of Shishupal Singh on 15.10.1976, bequeathing his properties to the said Pooran Singh who was minor at that time. After the death of the said Joothar Singh,the said Pooran Singh(respondent No.1 herein) through his father and natural guardian Shishupal Singh filed the said application for obtaining the probate of the said will before the trial court. The notice of the said application having been published in the local daily by the trial court, the said Bool Singh @ Phool singh objected against granting of probate in favour of Pooran Singh. The said application therefore was converted into the suit. The said Bool Singh died during the pendency of the said suit and therefore his legal representatives i.e the present appellant and the respondent Nos. 2 to 5 (original defendants) were brought on record.

(3.) The trial court considering the evidence adduced by the parties dismissed the suit of the respondent no.1 Pooran Singh for obtaining probate of the will in question holding that the same was executed under suspicious circumstances, however, the trial court granted succession certificate in favour of the heirs of Bool Singh, as regards their one half share in the properties of the deceased Joothar Singh by passing the judgment and order dated 24.1.1989. Being aggrieved by the said judgment and order passed by the trial court, the respondent No.1 Pooran Singh preferred an appeal being S.B. Civil Misc. Appeal No. 182/1989 under section 384 of the said Act before the learned Single Judge. The learned Single Judge after hearing the learned counsel for the parties allowed the said appeal vide the judgment and order dated 19.2.1992. The aggrieved appellant, who is one of the heirs and legal representatives of the said Bool Singh @ Phool Singh has preferred the present intra court appeal invoking the provisions of section 18 of Rajasthan High Court Ordinance.