- (1.) The unsuccessful plaintiffs have come up in second appeal against the judgment and decree of the first appellate Court which, on appeal, affirmed those of the trial Judge and dismissed their suit for possession of the suit land and also for perpetual injunction. The facts :- Gulaba (since deceased) was the last male owner of the property in dispute. He died on 5/09/1969. The plaintiffs claim themselves to be the grandsons of father's brother of the deceased. They also set up a will allegedly executed by the deceased on 16/08/1969 in their favour. The relationship of defendant No.1 with the deceased was denied. It was denied that she was validly married to the deceased. Karewa Nama dated 28/10/1965 alleged to have been executed between defendant No.1 and the deceased was merely a paper transaction. In the Karewa Nama it was recited that defendant No. 1 was married to Bishan Singh who had died about four years back. But in fact, said Bishan Singh had died on 22/04/1964. The mutation of inheritance of the deceased was sanctioned in favour of defendant No. 1 and this led to the filing of the instant suit.
(2.) Defendant No. 1 denied the allegations made in the plaint and claimed that she was the legally wedded wife of the deceased who had contracted Karewa form of marriage with her. Karewa Nama was executed and registered 28/10/1965. She denied that she was married to Nazar Singh. The Will pleaded by the plaintiffs was forged and fictitious. She denied that the deceased had executed any Will in favour of Nachhattar Singh.
(3.) Defendant No. 2 Nachhattar Singh also contested the suit and pleaded that a valid Will dated 1/09/1969 was executed by the deceased in his favour. It was also denied that the deceased had executed any valid Will in favour of the plaintiffs. The relationship of the deceased with the plaintiffs was also denied.;