HARDAYAL SINGH Vs. HARBANS SINGH

JUDGEMENT

(1.) THIS is plaintiffs' first appeal directed against the judgment and decree dated October 24, 1978 of the Trial Court whereby the suit of the plaintiffs for possession was dismissed. The dispute relates to the property of one Sultan Singh son of Ganda Singh. Sultan Singh died issueless on January 3, 1976. Plaintiffs, who are fourth degree collaterals of said Sultan Singh, filed suit for possession claiming themselves to be the owners of the land belonging to Sultan Singh, detail of which has been given in the body of the plaint, and for declaration that they are entitled to about Rs. 50,000/- lying deposited in Post Office and Central Bank of India at Dharamkot. They also challenged the Will dated December 3, 1974, set up by the defendants, alleging that the same was never executed by Sultan Singh and is a forged and fictitious document. The suit was contested by the defendants, who though stated that they are also collaterals of Sultan Singh, but denied the relationship of the plaintiffs with Sultan Singh. They claimed to have become owners of the property belonging to Sultan Singh on the basis of Will dated December 3, 1974.

(2.) FROM the pleadings of the parties, the Trial Court framed the following issues :-

(3.) THE Trial Court on issue Nos. 1 and 3 found that the plaintiffs as well as the defendants are the fourth degree collaterals of Sultan Singh. The Will set up by the defendants was found to be valid and, therefore, suit of the plaintiffs was dismissed. The plaintiffs have impugned the said judgment and decree dated October 24, 1978 in this appeal.