SURINDER GUPTA,J. - (1.) Plaintiffs Sukhdarshan Singh and others filed suit pertaining to inheritance of Mangal Singh son of Nathu, resident of Hamjheri, claiming the relief as follows: - (i) Niranjan Singh, father of plaintiff Sukhdarshan Singh was adopted son of Mangal Singh, as such, plaintiff Sukhdarshan Singh being natural heir of Mangal Singh is entitled to inherit his entire estate. (ii) Mangal Singh executed will dated 18.04.1974 (Ex.PW6/1) in favour of plaintiffs and they have become owner of his estate. (iii) Will executed by Mangal Singh dated 23.08.1977 (Ex.D1) in favour of defendants was illegal, result of pressure and coercion on Mangal Singh. (iv) Mangal Singh executed another Will dated 23.08.1977 (Ex.PW9) thereby discarding the Will of even date executed in favour of defendants.
(2.) The suit of the plaintiffs was partly allowed by the then Sub Judge 1st Class, Patiala vide judgment dated 28.01.1985 as follows: - "In the result and for the reasons stated above, the plaintiffs fail to establish that Niranjan Singh was the adopted son of Mangal Singh. The Wills dated 18.7.74 (Ex.PW6/1 and dated 23.8.1977 Ex.PW9 propounded by the plaintiffs and will dated 23.8.1977 Ex.D1 propounded by the defendants have been held to be not legally valid. Therefore, neither the plaintiffs nor defendants can get the suit land on the basis of the same. The suit land shall be inherited by natural heirs in accordance with the provisions of Hindu Succession Act. So far as natural heirs are concerned, it has been established that Nihali was real sister of Mangal Singh and the plaintiffs are the legal heirs of Mangal Singh deceased. The defendants are distant collateral's and the suit land shall, therefore, be inherited by the plaintiffs. The suit of the plaintiffs is, therefore, decreed for possession since they are the owners of the same on the basis of inheritance under the Hindu Succession Act. Suit is, therefore, decreed accordingly."
(3.) The defendants filed appeal against the judgment and decree passed by Sub Judge 1st Class, Patiala, which was accepted and the suit filed by plaintiffs, was dismissed. The Will dated 23.08.1977 (Ex.D1) executed by Mangal Singh in favour of defendants, was upheld.;