RAJIVE BHALLA,J - (1.) The appellants impugn judgments and decrees dated 07.09.1979 and 05.08.1982, passed by the Sub Judge, IInd Class, Phillaur and the Additional District Judge, Jalandhar, partly decreeing the suit filed by the respondent and dismissing the appeal filed by the appellants respectively.
(2.) THE dispute, in the present case, pertains to inheritance to the estate left behind by one Milkhi @ Prem Singh, who died unmarried and issueless. Milkhi @ Prem Singh had a brother Bawa Singh and a sister Smt. Indi. Bawa Singh his brother pre deceased him leaving behind four sons Kartar Singh, Joginder Singh, Jita Singh (appellants)and Sadhu Singh. After the demise of Milkhi @ Prem Singh, a suit was filed by Smt. Indi claiming to have succeded to the estate of Milkhi@ Prem Singh as his sole and exclusive heir, being his sister. The appellants/defendants namely Kartar Singh, Joginder Singh, Jita Singh filed a written statement denying that she was the sister of Milkhi @ Prem Singh. In addition, they pleaded that during his life time Milkhi @ Prem Singh executed two Wills dated 11.04.1961 and 28.10.1973 bequeathing his entire property to them.
(3.) ON the basis of the pleadings, the learned trial court framed the following issues :- 1. Whether the plaintiff Indi deceased is the sister of deceased Milkhi ? OPP 2. Whether deceased plaintiff Indi is the only heir of deceased Milkhi ? OPP 3. Whether deceased Milkhi executed a valid Will dated 11.04.1961 and 28.10.73 in favour of defendants. 4. Relief. The learned trial Court vide judgment and decree dated 07.09.1979 held that Smt. Indi was the real sister of Milkhi @ Prem Singh and though it upheld the legality of the registered Will dated 11.04.1961, Ex. D1 it rejected the Will dated 28.10.1973, Ex.D2 by holding that the appellants had failed to prove its execution or dispel the suspicious circumstances surrounding its execution. The suit was, therefore, partly decreed.;