- (1.) THIS regular second appeal by defendant no.2 is directed against the judgment and decree dated 25.01.1986 passed by learned Additional District Judge, Amritsar whereby appeal preferred by respondents no.1 and 2 -plaintiffs has been allowed, judgment and decree dated 04.05.1983 passed by learned Senior Sub Judge, Amritsar has been set aside and suit of plaintiff has been decreed. For convenience sake, hereinafter reference to parties is being made as per their status in the suit.
(2.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts relevant for disposal of this second appeal are to the effect that plaintiffs -Lakhwinder Singh and Sukhwinder Singh sons of Narinjan Singh filed a suit for possession of 1 /2 share in land measuring 217 kanals 6 marlas, detailed and described in the head -note of plaint claiming that Kandhara Singh, original owner of the suit land, who used to live with Gurdip Kaur, mother of plaintiffs, died on 19.02.1981 leaving a valid Will in favour of the plaintiffs and by virtue of the same, the plaintiffs are entitled to succeed to the estate of the deceased. The suit was resisted by defendant no.2 -Surat Singh, brother of the deceased, who denied the relationship of the plaintiffs with deceased - Kandhara Singh. It was also pleaded that deceased -Kandhara Singh died on 09.02.1981 and Will dated 16.02.1981 propounded by the plaintiffs was false, fictitious and bogus document. It was further pleaded that Kandhara Singh had no sister and defendant no.2 was the only legal heir of Kandhara Singh. Defendants no.3 to 8 did not turn up and they were proceeded against ex parte. Defendant no.1 filed separate written statement admitting the claim of the plaintiffs.
(3.) ON the basis of pleadings of parties, the Court of first instance framed following issues: "1. Whether deceased -Kandhara Singh executed a valid Will dated 16.02.1981 in favour of the plaintiffs in sound disposing mind?OPP 2. Whether defendant no.1 is the real sister of Kandhara Singh deceased and the mother of the plaintiffs?OPP 3. Whether the suit has been properly valued for the purposes of court fee and jurisdiction?OPD 4. Relief." After appreciating the evidence, the Court of first instance dismissed the suit. Feeling aggrieved, the plaintiffs preferred an appeal which has been allowed by the lower Appellate Court and judgment and decree of the Court of first instance has been set aside, suit of plaintiff has been decreed. Hence, this second appeal.;