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SABINA
Gurdial Kaur – Appellant
Versus
Chand Kaur (deceased) through LRs – Respondent
Sabina, J.— Plaintiffs Gurdial Kaur and Harbans Kaur filed suit for possession of 1/3rd share out of the suit property as described in the head note of the plaint against Chand Kaur defendant.
2. The case of the plaintiffs, in brief, was that Naranjan Singh was owner to the extent of
1/3rd share in the suit property. Naranjan Singh had died about two years prior to the filing of the suit and after his death, plaintiffs being his only legal heirs were liable to succeed to his State. The Will set-up by the defendant was not a genuine document.
3. Defendant, in her written statement, admitted the factum of death of Naranjan Singh. However, it was denied that the plaintiffs were the legal heirs of deceased Naranjan Singh. It was averred that the defendant was in possession of the suit land on the basis of the Will dated 1.4.1975 executed by Naranjan Singh in her favour.
4. On the pleadings of the parties, following issues were framed by the trial Court:
“1. Whether the plaintiffs are heirs of Naranjan Singh deceased? OPP
2. Whether Naranjan Singh deceased executed a valid Will in favour of the defendant on 1.4.1975? If so, its effect? OPD
3. Relief.”
5. Trial court vide j
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