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K. M. JOSEPH, HRISHIKESH ROY
Hardial Singh – Appellant
Versus
Balbir Kaur – Respondent
JUDGMENT :
K.M. JOSEPH, J.
Leave granted.
1. Respondent Nos. 1 and 2, who are plaintiffs, filed the suit seeking declaration of title and prohibitory injunction. The first defendant was the mother-in-law of the first plaintiff and the paternal grandmother of the second plaintiff. The appellant is the brother-in-law of the first plaintiff that is he is the brother of Sucha Singh.
2. The suit was laid on the following basis.
Shri Sucha Singh, who was the husband of the first plaintiff and the father of the second plaintiff, passed away on 21.04.1998. The case was set-up against the mutation which was allegedly illegally carried out and as a result of which, in regard to the 1/3 right, the name of the defendants were entered.
The case of the plaintiffs is that Sucha Singh has left behind a will dated 19.04.1998 before he died on 21.04.1998 which was registered on 18.06.1998. Under the will, the plaintiffs were bequeathed all his rights. The appellant and the other defendants contested the suit and contended that the will dated 19.4.1998 was forged. It was their case that since Sucha Singh died intestate, the plaintiffs and the mother of Sucha Singh being Class I heirs inherited 1/3 right ea
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