GURNAM SINGH Vs. CHARAN SINGH

JUDGEMENT

(1.) This judgment of mine would dispose of the appeal as well as Civil Misc. Application No. 1I-C - 92 under Order 41 Rule 27 of the Code of Civil Procedure for production of additional evidence. During the pendency of the appeal the application was filed for bringing on record a copy of the judgment passed by the Appellate Court. It would be seen at a later stage in the judgment that the Courts below referred to a judgment Exhibit - P4, passed by the Subordinate Judge in another case, which was admittedly reversed by the appellate Court. Along with the application, true copy of the judgment of the appellate Court was attached. Now on 11.2.1993 the certified copy of the judgment has been placed on the record of the case. Since the judgment of the Appellate Court goes to the root of the case and the same would enable this Court to pronounce the judgment, I hereby allow, the application for additional evidence and order the exhibition of the judgment as Exhibit - PX.

(2.) The appellant before this Court is defendant No. 1 alone, who has challenged the judgment and decree of the appellate Court by virtue of which the suit filed by the plaintiffs has. been decreed. The dispute herein relates to the property of Ran Singh deceased, a bachelor. In order to know the relationship between the parties a pedigree-table is reproduced:

(3.) The broad facts on the basis of which the suit was filed by the plaintiffs are that during the life time of Ran Singh deceased, plaintiff No. 1 Charan Singh used to cultivate the land alongwith the deceased jointly as Naranjan Singh and Pritam Singh had already sold their shares and that after the death of Ran Singh, plaintiff No. 1 was alone cultivating the whole suit land. After- the death of Ran Singh' all the plaintiffs alongwith defendant No. 2 were entitled to succeed to the property left by Ran Singh and, therefore, they claimed 3/4 the share in the property of Ran Singh deceased. It is alleged in the plaint that out of greed Gurnam Singh and Gurmit Kaur defendant No. 1 and defendant No. 3 had started putting up separate Wills in their favour which came to the notice of the plaintiffs during the mutation proceedings which were going on between the parties. Two wills dated 23rd December, 1977 put up by Gurnam Singh defendant-appellant and 23rd June, 1984 put up by Gurmit Kaur defendant No. 3 are alleged to be forged, fictitious, unnatural and unfair. It is further alleged in the plaint that Ran Singh deceased was not in sound disposing mind during the days when the Wills were alleged to be executed by him. The Wills were described to be the acts of fraud and misrepresentation.