RAJIVE BHALLA, J. - (1.) RAJINDER Singh, appellant, challenges judgment and decree dated 03.9.1985, passed by the Sub Judge 2nd Class, Samrala, dismissing his suit and judgment and decree, dated 22.9.1987 passed by the Additional District Judge, Ludhiana,dismissing his appeal.
(2.) RAJINDER Singh and Dilbagh Singh, filed a suit for declaration that they are owners of the land/property in dispute in equal shares, described in detail, in the plaint by averring that during his life time their late brother Harchand Singh had executed a Will dated 10.4.1983 bequeathing to them and another brother Harpal Singh (arrayed as defendant no.2), the suit property. The plaintiff - appellant pleaded that though their late brother Harchand Singh was married to Baljinder Kaur on 7.11.1982, but as the "Muklawa" ceremony was not performed and Baljinder Kaur had never resided with him as his wife, Harchand Singh executed a will dated 10.4.1983 before he passed away. Baljinder Kaur and Harpal Singh, (a brother of Harchand Singh, deceased), filed written statements contesting the suit by pleading that the Will is false and fabricated. Baljinder Kaur, defendant no.1, is the legally wedded wife of Harchand Singh, deceased and has succeeded to the estate of her husband. It would also be appropriate to point out that defendant nos. 3 and 4, who are real sisters of plaintiffs -appellant, conceded the claim of the plaintiffs.
(3.) ON the basis of these pleadings, the trial court framed the following issues: - " Whether Harchand Singh deceased executed valid will dated 10.4.1983 in favour of the plaintiff and defendant no.2, if so, to what effect? OPP 2. Whether the plaintiffs are entitled to the declaration and injunction prayed for?OPP 3. Whether the suit is not maintainable in the present form? OPD 4. Relief." ;