- (1.) The plaintiffs filed suit for joint possession of half share of land measuring 252 kanals 12 marlas, situated in the area of village Gobindgarh Jaijia and 1/3rd share of the land measuring 179 bighas 7 biswas, situated in village Maksudara. They also prayed for permanent injunction restraining the defendants from alienating the suit property. As per the case of the plaintiffs, Saun Singh was of the owner of 1/3rd share of the aforesaid land. He died issueless on 01.03.1974 and at the time of his death, his wife Bhagwan Kaur was the only legal heir who became the owner of 1/3rd share of Saun Singh, but Bhagwan Kaur also died on 21.06.1977. The plaintiffs, who are the grandsons of Punjab Kaur, sister of deceased Bhagwan Kaur, have alleged that on 06.04.1977, Bhagwan Kaur had executed a Will in their favour and as such, they have become owners of the disputed property, but the defendants, on the basis of the forged Will dated 27.09.1966, allegedly executed by Saun Singh, got a mutation sanctioned in their favour though they are not the legal heirs of deceased Saun Singh. The defendants contested the suit alleging that the Will in their favour is genuine and the mutation has already been sanctioned in their favour upto the Court of the Financial Commissioner.
(2.) On the pleadings of the parties, following issues were framed by the Trial Court:- "1. Whether the plaintiffs are the owners in possession of 1/3rd share out of suit land OPP. 2. Whether plaintiffs are entitled to the injunction prayed for OPP. 3. Whether Bhagwan Kaur deceased executed a valid Will in favour of the plaintiffs on 6.4.1977 OPP. 4. Whether Saun Singh deceased executed a valid Will dated 27.09.1986 in favour of the defendants OPD. 5. Whether Bhagwan Kuar died on 21.06.1977 OPD. 6. Whether plaintiffs have no locus standi to file the suit OPD. 7. Whether plaintiffs have no cause of action OPD. 8. Whether the suit is not maintainable in the present form OPD. 9. Whether this court has no jurisdiction to file the suit OPD. 10. Whether the suit is not within time OPD. 11. Whether plaintiffs are stopped from filing the suit by own act and conduct OPD. 12. Relief."
(3.) After appreciating the evidence, the Trial Court dismissed the suit of the plaintiffs on 26.09.1983 and the appeal filed by them was also dismissed by the lower Appellate Court on 24.09.1986. It was held by the lower Appellate Court that the only material issue is issue no.3 which pertains to execution of the Will by Bhagwan Kaur in favour of the plaintiffs on 06.04.1977.;