IMPORTANT POINT
Legal Heirs--List of heirs entitled to succeed estate of deceased Hindu male does not include son of a wife from previous marriage.

Rajive Bhalla, J (Oral):-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.

3. 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.”

4. 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.

5. Aggrieved by the aforementioned judgement, respondents no.1 and 2 filed an appeal. The first appellate Court accepted the appeal, set aside the judgement and decree passed by the trial Court and decreed the suit by holding that from the evidence adduced by Mohinder Singh, it could not be held that he was the son of Saon Singh. It was also held that Mohinder Singh had failed to prove the execution of the Will, allegedly executed by Saon Singh.

6. Counsel for the appellant submits that the first appellate Court discarded material evidence, ignored relevant pleadings and, therefore, returned findings contrary to the evidence on record. The first appellate Court brushed aside the admission made by Joginder Singh that the appellant is the “pichlag son” of Saon Singh by holding that it did not amount to an admission that Mohinder Singh is the son of Saon Singh. It is submitted that a “pichlag son” is a son for all purposes and, therefore, the first appellate Court committed an error. It is further submitted that the death certificate of Smt.Sardari, wife of Saon Singh (Ex.D-3) and mother of the appellant was wrongly discarded on account of a spelling mistake in Saon Singh’s father’s name. A mere spelling mistake should have been ignored as the death certificate establishes that Saon Singh was married, thus negativing the respondents claim that Saon Singh died unmarried and issueless. It is further submitted that the Arbitration award Ex.D-5 and other documents were wrongly discarded by the first appellate Court. The ration card, duly proved was discarded as it refers to another son of Saon Singh. The voters list that refers to Mohinder Singh as step son of Saon Singh has not been adverted to