- (1.) Leave granted.
(2.) Being aggrieved by the Judgments and Orders passed by the High Court of Punjab & Haryana at Chandigarh in Review Application No. 69- C/2006 dated 28.2.2007 and RSA No. 2315/83 dated 18.8.2006, the present appeals were filed by the appellant. Since both these appeals involve similar questions of law and facts, we propose to dispose of both these appeals by this common judgment and order.
(3.) The relevant facts for disposal of the controversy are as under: One Thakru, the common ancestor of the parties, had wife Smt. Radhi and two sons, namely, Mange Ram and Datta Ram. Datta Ram was married to Smt. Baikunthi Devi, the respondent No. 1 (since deceased). Mange Ram was the father of Tilak Raj -the appellant in both the appeals. The property in suit was owned by and was in the possession of Datta Ram, who died on 23.02.1968, leaving his wife Smt. Baikunthi Devi and his mother Smt. Radhi as natural and legal heirs. Smt. Radhi died on 13.09.1968 and before her death, she executed a registered Will dated 30.04.1968 in favour of her grandson - Tilak Raj, the appellant herein. However, the land left by Datta Ram was mutated in favour of Smt. Baikunthi on the basis of Will dated 16.01.1968. In order to establish his claim qua half share of the property bequeathed by Will in his favour by his grandmother Smt. Radhi, the appellant herein filed a civil suit no. 306 of 1969 against Smt. Baikunthi Devi for a decree for possession of land measuring 7 K 12 = Marias on the ground that the land measuring 15K 5 Marias situated in Village Maujowal was owned and possessed by Datta Ram and he died intestate on 23.2.1968 leaving behind Smt. Baikunthi Devi - his widow and Smt. Radhi his mother. In that civil suit, Smt. Baikunthi set up a Will purporting to have been executed by her husband in her favour on 16.01.1968. The plea of the appellant based on registered Will dated 30.04.1968 executed by his grandmother - Smt. Radhi was upheld and the suit was decreed in his favour vide judgment and decree dated 05.02.1976. The plea raised by Smt. Baikunthi on the basis of the Will dated 16.01.1968 did not find favour and was rejected.;