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1983 Supreme(P&H) 422

PRITPAL SINGH
Labh Singh – Appellant
Versus
Piara Singh (Deceased By L. Rs. ) – Respondent


Judgment

1. In this second appeal against the judgment and decree of the Senior Sub-Judge, Ludhiana, exercising enhanced appellate powers, the sole point for determination is whether due execution of the Will propounded by Piara Singh defendant-respondent stands proved.

2. The relevant facts of this case are that Bakhtawar Singh was owner of the land in dispute. He died issueless and without leaving a widow on April 27, 1970. Udhe Singh and Inder Singh plaintiffs and Piara Singh defendant are his brothers. Intier Kaur plaintiff is their sister. Plaintiffs brought a suit claiming possession of 3/4th share in the land by succession as heirs of Bakhtawar Singh. They denied the execution and validity of a Will propounded by Piara Singh defendant alleged to have been executed by Bakhtawar Singh bequeathing the whole land to him. It is said that Piara Singh is entitled to only 1/4th share in the land by inheritance. The suit was resisted by Piara Singh reiterating the genuineness of the Will executed in his favour by Bakhtawar Singh. The trial Court held that execution and genuineness of the Will have not been established and consequently decreed the plaintiffs suit. The first appeal file












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