- (1.) Defendant has come up in second appeal against the judgment and decree of the first appellate Court affirming on appeal those of the trial Court whereby the suit of the plaintiffs for grant of a declaration to the effect that they are the owners-in-possession of the suit land as heirs on the basis of registered Will dated January 25, 1926 executed by Smt. Rajji deceased and that the mutation No. 1319 dated August 1, 1958 had been wrongly sanctioned in favour of the defendant was decreed.
(2.) The facts : To appreciate the relationship of the parties inter se reference to the following pedigree-table will be helpful : Smt. Rajji widow of Jethu was the owner of land measuring 86 Kanals 5 Marlas situated in the revenue estate of Sherpura Khurd. She bequeathed her estate through a registered Will dated January 25, 1926 in favour of Badan Singh and Kaka Singh sons of Deva Singh and Mohinder Singh son of Kishan in equal shares. She died in the month of October, 1936. Mutation of inheritance was sanctioned in favour of the defendant on August 1, 1958. The plaintiffs were in possession of the suit land prior to the death of the testator and even thereafter. Their possession was duly reflected in the record of rights, but the defendant-appellant started interfering in their possession necessitating the filing of the suit for declaration on May 9, 1974. The defendant controverted the allegations made in the plaint and pleaded that the Will dated January 25, 1926 was surrounded by suspicious circumstances. On the pleadings of the parties, the trial Judge framed the following issues (1) Whether Smt. Rajji executed a valid Will dated 25.1.1926 in favour of Badan Singh, Kaka Singh and Kishan Singh ? OPP (2) Whether the plaintiffs have become the owners of the land in dispute by way of adverse possession ? OPP (3) Whether the suit is maintainable in the present form ? OPP (4) Whether the suit is within time ? OPP (5) Whether the plaintiffs are estopped from filing the present suit by their act and conduct ? OPD. (6) Relief.
(3.) Issue No. 1 was answered in favour of the plaintiffs and it was held that Smt Rajji had executed a valid Will dated January 25, 1926 in favour of Badan Singh, Kaka Singh sons of Deva Singh and Mohinder Singh son of Kishan Singh; issues No. 3, 4, and 5 were dealt with together and were answered in favour of the plaintiffs; issue No. 2 was not decided in view of the finding that a valid Will was executed by Smt. Ranjji in favour of the plaintiffs. Accordingly the suit was decreed.;