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2023 Supreme(P&H) 1034

ALKA SARIN
Jarnail Singh – Appellant
Versus
Dalip Singh – Respondent


Advocates appeared:
Mr. Amit Kashyap, Dr. Naresh Kaushik, Advocates

ALKA SARIN, J.

1. The present appeal has been preferred by the plaintiff-appellant against the judgment and decree dated 06.05.2022 passed by the First Appellate Court whereby the judgment and decree dated 18.03.2019 passed by the Trial Court has been set aside and the suit of the plaintiff-appellant has been dismissed.

2. The brief facts relevant to the present lis are that the plaintiff-appellant filed a suit for issuance of a decree for declaration to the effect that the plaintiff-appellant is the adopted son of deceased - Gurbax Singh - and is owner in possession of land measuring 59 Kanals 13 Marlas described in detail in the plaint situated in village Lalluwala, Tehsil Zira, District Ferozepur and that the Will dated 30.11.2015 executed by deceased - Gurbax Singh - in favour of defendant-respondent No.1 in connivance with defendant-respondent Nos.2 and 3 was illegal, null and void and further challenged the mutation No.1259 sanctioned on the basis of the said Will. The plaintiff-appellant approached the Court averring in the plaint that he was the adopted son of deceased - Gurbax Singh - and was the owner in possession of the land left by Gurbax Singh. It was further averred th

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