- (1.) Feeling aggrieved against the concurrent findings recorded by both the learned courts below, thereby decreeing the suit of the plaintiffrespondents for declaration and permanent injunction, defendants have approached this Court by way of present regular second appeal.
(2.) Brief facts of the case are that the plaintiffs-respondents filed the suit for declaration and permanent injunction, challenging the validity of Will allegedly suffered by Sukhwinder Singh son of S. Shamsher Singh, in favour of his wife and daughter as well as defendants No.1 and 2, appellants herein. Sale deed suffered by appellant No.1 in favour of respondents No.2 and 3 was also challenged. It was pleaded by the plaintiff that her son Sukhwinder Singh never executed any Will. His death was sudden due to electric shock on 12.5.1998. He was only 28 years old at the time of his death. The Will was unregistered and was prepared after the death of Sukhwinder Singh. Since the plaintiff was entitled for 1/3rd share in the estate of deceased Sukhwinder Singh, being his class-I heir, defendantappellant No.1 had no right to sell the land to the extent of 1/3rd share of the plaintiff. Having been served in suit, defendants appeared and filed their written statement denying all the averments taken in the plaint.
(3.) On completion of pleadings of the parties, learned trial court framed the following issues:- "1. Whether plaintiff is entitled to declaration as prayed for OPP. 2. Whether plaintiff is entitled to permanent injunction as prayed for OPP 3. Whether plaintiff has no cause of action and locus standi to file the present suit OPD 4. Whether suit of the plaintiff is not properly valued for the purpose of court fee and jurisdiction OPD 5. Whether the suit of the plaintiff is bad for mis-joinder and non-joinder of necessary parties OPD 2.A Whether Sukhwinder Singh has executed a Will dated 6.1.1997 in favour of defendant No.1 and 2 OPD 6. Relief.";