Fateh Deep Singh, J. - (1.) AFTER the trial Court of learned Sub Judge First Class, Phillaur decreed the suit of plaintiffs Sital and Shingara upholding Will dated 5.10.1983 Ex.P1 in their favour and discarded the Will set up by the defendant now appellant dated 13.10.1983 Ex.D1/R2, the unsuccessful defendant, in the first appeal failed to secure any favour and her appeal stood dismissed through judgment and decree dated 25.11.1986 passed by the learned Additional District and Sessions Judge, Jalandhar and, thus, is before this Court challenging these findings by way of the instant regular second appeal. Though, there is not much dispute inter se over the family hierarchy, however, for better understanding and appreciation of the facts the same is depicted by way of family tree enumerated below: - See Table
(2.) IT is not agitated that out of the wedlock between Jai Chand and Karmi/defendant -appellant, the couple did not have any child and, thus, both of them died issueless. It is the case of the plaintiffs that Jai Chand while in a sound disposing mind executed a registered valid Will Ex.P1 on 5.10.1983 in favour of plaintiffs and that on the basis of this Will they have come to inherit the estate of deceased Jai Chand. However, on the other hand, defendant -Karmi has staked her claim to the estate of her deceased husband on the strength of an unregistered Will dated 13.10.1983 subsequently registered on 24.1.1984 Ex.D1/R2. The two Courts below have discredited the Will in favour of Karmi and that is the short point involved in this dispute on the basis of which following issues were framed by the trial Court: - 1. Whether deceased Jai Chand executed a valid Will dated 5.10.1983 in favour of the plaintiffs? OPP 2. Whether deceased Jai Chand executed a valid Will dated 13.10.1983 in favour of the defendant? OPD Whether the suit is liable to be stayed under Section 10 CPC? OPD
(3.) RELIEF . 3. The plaintiff examined PW1 Sadhu Ram, PW2 Ram Rattan, Lambardar both attesting witnesses of the Will Ex.P1. PW3 Ram Chand proved registration of this document followed by the testimony of PW4 Pawan Kumar, Deed Writer, who scribed this Will and, thereafter, the plaintiff Sital was examined as PW5. PW6 Ramswaroop sought to prove the case of the plaintiffs qua this Will. 4. On the other hand, defendant examined the scribe of the Will set up by her namely DW1 Gurmail Chand followed by the testimony of attesting witnesses DW2 Charan Singh, DW3 Harbans Lal and DW4 Sat Pal, Attorney. It is worthwhile to refer here that during the course of pendency of the suit, defendant - Karmi died on 18.8.1994 and her heirs were impleaded in her place through orders of the Court dated 17.4.1995.;