Justice Rajive Bhalla., J. - (1.) The appellants Nirmal Singh and Kuldip Singh impugn judgments and decrees, dated 02.04.1997 and 13.09.1999, recorded by the Civil Judge (Junior Division), Nawanshahr and the Additional Sessions Judge, Nawanshahr, decreeing the suit filed by the respondents and dismissing their appeal.
(2.) Harbans Kaur, Amarjit Kaur and Paramjit Singh, filed a suit for declaration, claiming a share in the estate left behind by Chibba, father-in-law of Harbans Kaur and grand father of Amarjit Kaur and Paramjit Singh by pleading that Chibba had two sons and a daughter, namely, Lehmbar Singh, Chain Singh and Gurbax Kaur. The plaintiffs pleaded that Lehmber Singh son of Chibba husband of Harbans Kaur and father of Amarjit Kaur and Paramjit Singh has not been heard of since 1968 and is, therefore, presumed to have died. In the meanwhile, as Chibba has passed away, the plaintiffs are entitled to succeed to the share of Lehmbar Singh in the estate left behind by Chibba, along with Chain Singh, and Gurbax Kaur, (defendants no.1 and 2), but Nirmal Singh and Kuldip Singh defendants no.3 and 4, (appellants no.1 and 2 in the present appeal) have set up a false will allegedly executed by Chibba, bequeathing his estate to them.
(3.) Nirmal Singh and Kuldip Singh, defendants no.3 and 4 (appellants in the present appeal), filed a written statement raising various preliminary objections and also pleading that as it is not proved that Lehmbar Singh has passed away, the plaintiffs have no locus standi to file the suit. The plaintiffs are also barred by their act and conduct from filing the suit and the pedigree table is incomplete. Nirmal Singh and Kuldip Singh also pleaded that as Chibba, their grand father was living with them, he executed a registered will, dated 03.10.1986, bequeathing his entire property in villages Malpur and Kariha to them. A revenue officer has accepted the will and sanctioned mutations No.1816 and 6432 in their favour with respect to these properties, on 06.06.1991.;