RAM LAL Vs. MOHINDER SINGH

JUDGEMENT

(1.) In this Regular Second Appeal, the appellants have challenged the judgments and decrees of the Courts below dated 15-12-1981 and 5-1-1984 whereby suit of the plaintiffs (appellants herein) was dismissed and the appeal preferred by them before the lower Appellate Court also met with the same fate.

(2.) The brief facts of the case are that Ram Lal and Sant Ram plaintiffs filed a suit for possession of land measuring 47 kanals; 3 marlas as fully described in the plaint, situated within the revenue estate of village Gill, Tehsil Dasuya, District Hoshiarpur. The plaintiffs claimed that they along with defendant Nos. 3 and 4 are entitled to inherit the estate of Bhola son of Attra who died on 31-10-1977 issueless as he was unmarried.

(3.) Defendant Nos. 1 and 2 contested the claim of the plaintiffs/appellants and filed written statement wherein they denied the claim of the plaintiffs to inherit the property of deceased Bhola. It was asserted that Bhola had executed a valid Will dated 29-8- 1962 in their favour (defendant Nos. 1 and 2) and hence they are rightfully in possession of the property, mutation of which had also been sanctioned in their favour. It was further denied that the plaintiffs are the legal heirs of the deceased Bhola. On the basis of pleadings of the parties, the following issues were framed by the trial Court: 1. Whether the plaintiffs are the legal heirs of Bhola-deceased ? OPP. 2. Whether Bhola-deceased executed a valid Will dated 29-8-1962 in favour of defendants No. 1 and 2 ? OPD. 3. Relief.