SURJIT KAUR Vs. NACHHATTAR SINGH

JUDGEMENT

(1.) IT was inheritance suit filed by Nachhattar Singh son of Bakshish Singh son of Hira Singh against Smt. Surjit Kaur wife of Lachhman Singh, Lachhman Singh son of Bakshish Singh son of Hira Singh, Gurmeet Singh, Bant Singh, Chhinder Singh and Darshan Singh sons of Lachhman Singh on the basis of Will dated 5.6.86 executed by his brother Sadhu Singh in his favour, which was decreed by the trial Court. Appeal filed by Smt. Surjit Kaur etc. was dismissed.

(2.) ACCORDING to the case set up by Nachhattar Singh, he, Sadhu Singh and Lachhman Singh are brothers. They have sisters namely Nachhattar Kaur wife of Surjit Singh and Bachan Kaur wife of Pritam Singh. Sadhu Singh died bachelor. As per Nachhattar Singh, Sadhu Singh was residing with him and on 5.6.1986, Sadhu Singh executed a Will in his favour regarding the suit property. Nachhattar Singh averred that Sadhu Singh died on 27.6.1986. He had executed that Will in his favour because he was serving him and he was pleased with the services being rendered to him. Nachhattar Singh further averred that Smt. Surjit Kaur etc. are claiming that there is Will dated 29.5.1986 alleged to have been executed by Sadhu Singh in his favour and they have also got sanctioned the mutation of his inheritance in their favour on 24.4.1987.

(3.) BEFORE the trial Court, there was an application to lead secondary evidence to prove the Will being set up by Surjit Kaur etc. Their contention is that that Will was produced during mutation proceedings. Unfortunately, they did not take back the Will from the Mutation Officer after mutation had been sanctioned in their favour and when they wanted to take it back, they found that it was missing from the mutation record. It was was a registered Will. Trial Court did not allow them permission to prove that Will by secondary evidence. During appeal before the First Appellate Court, this point was raised. With regard to this point, First Appellate Court observed as under :-