BALDEV SINGH Vs. RACHAN SINGH

JUDGEMENT

(1.) THIS is defendant's Regular Second Appeal against the judgment and decree passed by the both the Courts below, vide which suit of the plaintiffs for possession of the suit land on the basis of title has been decreed.

(2.) IN this case, the dispute is about 59 kanals 6 marlas of land situated in village Naglian, District Ropar, which was owned and possessed by one Puran Singh who died on 20.6.1978. The mutation of inheritance of the land of said Puran Singh was sanctioned by the revenue authorities in favour of defendants No. 2 to 7 on the basis of an unregistered will dated 18.6.1978 (Ex.D2) alleged to have been executed by the aforesaid Puran Singh. On 24.11.1980, the instant suit was filed by the plaintiffs for possession of the land in question by alleging that Puran Singh was their maternal uncle (Mama), whose estate was inherited by their mother Smt. Devan, who was the real sister of Puran Singh, as Puran Singh was unmarried and issueless and he died intestate. However, the defendants in connivance with the revenue authorities got the mutation of inheritance of Puran Singh sanctioned in their favour on the basis of the forged Will dated 18.6.1978, whereby 1/3rd share of the disputed property was given to defendant No. 2 and 2/3rd share was given to defendants No. 3 to 7. It was alleged that defendants No. 3 to 7 are the sons of defendant No. 1 and they were never inducted as tenants over the suit land by Puran Singh. Defendant No. 2 is the daughter of Devan. It was further pleaded that the defendants had taken forcible possession of the land in dispute and subsequently they denied the title of the plaintiffs. It was pleaded that after the death of Puran Singh, land in dispute was inherited by their mother Devan who also died in April, 1980 and after her death, they have inherited the property in dispute by way of natural succession.

(3.) ON the pleadings of the parties, the following issues were framed by the learned trial Court :