- (1.) Plaintiff Natha Singh @ Nathu Singh, having been non-suited by both the courts below, has approached this Court by way of this second appeal. Plaintiff-appellant filed suit against respondents-defendants alleging that the plaintiff is biological son of Shanti Devi and Nihal Singh. After death of Nihal Singh, Shanti Devi performed karewa marriage with Hakam Singh vide karewanama dated 15.09.1978. By the same document, Hakam Singh also accepted the plaintiff as his son. The plaintiff thus claimed to be adopted son of Hakam Singh, and therefore, is his sole natural heir after the death of Hakam Singh as well as of Shanti Devi subsequently. Accordingly, the plaintiff sought declaration that he is owner of the suit land left by Hakam Singh. The plaintiff claimed possession thereof. The plaintiff also challenged inheritance mutation of Hakam Singh sanctioned in favour of defendants allegedly on the basis of unregistered Will dated 28.07.1999. The plaintiff challenged the said Will also to be illegal and null and void. The plaintiff also claimed a registered Will dated 12.11.1992 in his own favour allegedly executed by Hakam Singh.
(2.) Defendants resisted the suit and controverted the plaint allegations.
(3.) Defendants No. 1 and 2 are brothers of Hakam Singh, whereas defendant No. 3 is sister of Hakam Singh. Mukhtiar Singh-father of defendants No. 4 and 5 was also brother of Hakam Singh. Defendants alleged that defendants No. 1 to 3 and Mukhtiar Singh are the only natural legal heirs of Hakam Singh being his brothers and sister and inheritance mutation of Hakam Singh was accordingly sanctioned in their favour on the basis of natural inheritance and not on the basis of alleged unregistered Will dated 28.07.1999. It was also pleaded that registered Will dated 12.11.1992, set up by the plaintiff, had already been revoked by Hakam Singh vide registered deed dated 26.06.1995. It was denied that Shanti Devi performed karewa marriage with Hakam Singh or that the plaintiff was adopted by Hakam Singh. It was alleged that there could be no valid karewa marriage between Shanti Devi and Hakam Singh because they were strangers belonging to different castes, whereas karewa marriage of a widow can be performed only with some family member of her deceased husband. Various other pleas were also raised. Defendants No. 3 and 4 also filed similar written statement whereas defendant No. 5 was ex-parte.;