- (1.) Deepo and others respondent Nos. 1 to 10 in the present appeal, filed a suit for possession of the land in dispute claiming themselves to be the daughter and children of the daughters of Rur Singh deceased. It was averred that Rur Singh father of plaintiff Deepo and maternal grandfather of other plaintiffs, died six months before the filing of the suit and Niranjan Singh, nephew of the deceased, took illegal possession of the land. It was averred that Niranjan Singh got a Will executed under undue influence and fraud and the said will was not binding on them.
(2.) Niranjan Singh appellant-defendant contested the suit pleading that Rur Singh, who was his real uncle, resided with him for the last more than 20 years before his death and since he had no male issue, he made a valid Will in his favour and consequently, he was not in illegal possession of the land in dispute. On the pleadings of the parties, the following issues were framed :- (i) Whether Rur Singh made a valid Will in favour of defendant No. 1, Naranjan Singh and what is its effect ? OPD (ii) Relief. Later on, an additional, issue was also framed on the application of the plaintiffs, which is as follows :- Whether the alleged Will was not executed by undue influence ? OPP
(3.) Both the Courts below found under issue No. 1 that no valid Will was made by Rur Singh deceased. No finding was recorded on issue No. 2 by both the Courts below and consequently, the suit of the plaintiffs stands decreed. It is against these judgments and decrees of the Courts below that Niranjan Singh has filed this appeal.;