GURBAKSH SINGH Vs. JAGAT SINGH AND ORS.
LAWS(P&H)-1990-2-73
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 16,1990

GURBAKSH SINGH Appellant
VERSUS
Jagat Singh And Ors. Respondents

JUDGEMENT

G.C. Mittal, J. - (1.) In order to appreciate the controversy, the following pedigree table would be useful to keep in mind. Chanan Singh owned 29 Kanals 4 Marias of agricultural land and after his death Smt. Bholi, Gurbaksh Singh and Smt. Prito filed a civil suit for declaration against Jagat Singh and his two sons to the effect that the Plaintiffs are owners in possession of 3/4th of the estate left by Chanan Singh by way of inheritance and for permanent injunction not to interfere in their peaceful possession. In the alternative, it was prayed that in case the Plaintiffs are not found to be in possession, they be granted a decree for joint possession of their share.
(2.) In the written statement, the sons of Jagat Singh set up a will dated 20 -2 -1972 in their favour arid pleaded that they had inherited the entire estate left by their grand -father under the will. In replication, the Plaintiffs denied the execution, genuineness and validity of the will.
(3.) On the contest of the Parties, the following crucial issue was framed regarding the will: Whether Chanan Singh, deceased, executed a valid will, according to law in favour of Defendants No. 2 and 3 on 20 -2 -1972? O.P.D.;


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