RAJIVE BHALLA,J. - (1.) THE appellant challenges the judgement and decree passed by the Additional District Judge, Sangrur dated 31.3.1981, accepting the appeal filed by respondents No. 1 and 2, thereby reversing the judgement and decree dated 21.3.1980 passed by the Sub Judge, Ist Class, Malerkotla and as a result decreeing the suit filed by respondents No. 1 and 2.
(2.) SMT . Bhan Kaur, now deceased, filed a suit praying for grant of a declaration that as her real brother Saon Singh, had passed away unmarried and issueless, she has become exclusive owner of suit land, measuring 33 Kanals and 7 Marlas, situated in Village Nathumajra. Mohinder Singh, the defendant-appellant denied the averments in the plaint and pleaded that Saon Singh was married to Smt. Sardari and the appellant was born from this wedlock. During his life time, Saon Singh, executed a Will, dated 19.3.1966, bequeathing his entire property to Smt. Sardari and the appellant in equal shares. Smt. Sardari passed away on 15.4.1970 and upon her demise, the appellant has become sole and exclusive owner of the suit land. On the pleadings of the parties, the learned trial Court framed the following issues :- " 1. Whether Ban Kaur wife of Hira Singh was the sister of Saon Singh deceased ? OPP. 2. Whether the plaintiffs and defendants No. 9 to 26 are legal representatives of Bahan Kaur deceased ? OPP. 3. Whether Saon Singh deceased executed a valid Will in favour of defendant No. 1, if so, its effect ? OPD. 4. If issue No. 3 is proved, whether the will executed by Saon Singh deceased in favour of defendant No. 1 is forged and fictitious document ? OPD. 5. Whether the suit is not maintainable in the present form ? OPD. 6. Whether the plaintiff is entitled to the injunction prayed for ? OPP 7. Whether the suit property is not properly described ? OPD. 8. Whether Mohinder Singh is the son of Saon Singh deceased ? OPD. 9. Relief."
(3.) THE learned trial Court, after considering the pleadings, the evidence adduced and the arguments addressed dismissed the suit by holding that Mohinder Singh had established his status as the real son of Saon Singh deceased and was, therefore, entitled to succeed to his estate. It was also held that the registered Will dated 19.3.1966 Ex.D-1 is legal and valid.;