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2016 Supreme(P&H) 955

AMIT RAWAL
Jasbir Singh – Appellant
Versus
Jaspal Singh – Respondent


Advocates:
For the Appellant:Mr. D.V. Sharma, Senior Advocate with Ms. Shivani Sharma, Advocate.
For the Respondent No.2 (in RSA-1272-2012) &
for respondent No.1 (in RSA-1273-2012):Mr. H.S. Dhindsa, Advocate.
For the Respondent Nos.4 and 5 (in RSA-1272-2012) &
for respondent Nos.3 and 4 (in RSA-1273-2012):Mr. Mukand Gupta, Advocate.
For the Respondent No.1 (RSA-1272-2012) &
for respondent No.5 (RSA-1273-2012):Mr. Mandeep Singh, Advocate for Mr. Amit Dhawan, Advocate.

JUDGMENT

Mr. Amit Rawal , J.: (Oral) - This order of mine shall dispose of two regular second appeals bearing RSA No.1272 of 2012 and RSA No.1273 of 2012 as the common questions of law and facts involved in both the appeals are the same.

2. The appellant-plaintiff is aggrieved of the judgment and decree of both the Courts below, whereby the suit bearing No.261 of 2007 seeking declaration and suit No.385 seeking identical relief, have been dismissed by both the Courts below.

3. It would be apt to give brief preface to the facts leading to filing of the aforementioned suits, before adverting to the contentions and rival contentions of the parties to the lis.

4. The suit at the instance of the plaintiff is based upon the registered Will dated 01.12.1998 executed by Jaswant Kaur widow of Kartar Singh (mother of the appellant-plaintiff) and the contesting respondent No.1 Jaswinder Kaur wife of Karamjit Singh (daughter of respondents-defendants).

5. The defendants in the written statement came out with a Will dated 23.09.1996 by which, Jaswant Kaur had bequeathed the property in favour of the Jaspal Singh and Jaswinder Kaur. It is also a pleaded case of the parties that prior to the exec
























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