142 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 19.01.2026 Satnam Singh ….Appellant Versus Kanta & ors. ….Respondents CORAM: HON’BLE MR. JUSTICE PANKAJ JAIN *****

Present :- Ms. Anju Arora, Advocate for the appellant.

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PANKAJ JAIN, J.(ORAL)

1 Plaintiff is in second appeal. For convenience, parties hereinafter are referred to by their original position in the suit i.e. the appellant as plaintiff and the respondents as defendants.

2 Plaintiff filed suit seeking declaration to the effect that he has become owner in possession of property as mentioned in the head note of the plaint. He further prayed for decree of permanent injunction restraining defendants from alienating the suit property. As per plaintiff, he along with one Ishwar Chand jointly purchased property in question. Late Ishwar Chand was residing in his adjoining house. He was estranged from his family. Ishwar Chand died on 20.04.2012 after ailment. Plaintiff is the one who took care of him in the hospital and performed his last rites. He and Ishwar Chand were jointly running business of Timber merchandise. Out of love and affection, Ishwar Chand executed registered WILL dated 28.12.2004 in his favour. Defendants who are the family members of Ishwar Chand never tried to meet him during his lifetime. Upon his death, they got the property mutated in their favour on the basis of natural succession. Plaintiff claims estate left by Ishwar Chand on the basis of WILL dated 28.12.2004.

3 Suit was contested by defendants. As per defendants, their relations with Ishwar Chand were cordial. During his lifetime, Ishwar Chand performed all duties of a loving father. He got all his sons and daughters married and settled them as per their wishes. After his retirement from Haryana Police he was running joint business with plaintiff. WILL dated 28.12.2004 propounded by the plaintiff, is a false, forged and fabricated document. After death of Ishwar Chand, plaintiff sought inheritance on the basis of forged and fabricated WILL dated 28.12.2004. The mutation was contested by the defendants. Disbelieving the WILL, the Revenue Authorities granted mutation of inheritance in favour of defendants vide order dated 15.03.2013. Defendants claimed that entire expenditure qua treatment of Ishwar Chand at Fortis Hospital, Mohali was borne by them. Dead body of Ishwar Chand was received by defendants. His last rites were performed by defendants No.2 to 8. Plaintiff has not settled the accounts of partnership business and is threatening to usurp the same.

4 The defendants also filed counter claim claiming 1/2 share in the business run jointly by the plaintiff and Ishwar Chand in the name and style of ‘Satnam Timber Merchants’ and sought partition.

5 Suit filed by the plaintiff and the counter claim preferred by the defendants were put to trial by the Court of the First Instance framing following issues:-

1 Whether there exists a valid registered Will executed by Ishwar Chand in favour of the plaintiff qua ½ share in the suit property? OPP 2 Whether the plaintiff is entitled to declaration as prayed for? OPP 3. Whether the plaintiff is entitled to Permanent Injunction as prayed for? OPP

4 Whether the counter claimants are entitled to separate possession of the suit property. If so, to what share? OPC

5 whether the counter claimants are entitled to settlement of accounts? OPC

6 Whether the counter claimants are entitled to Permanent Injunction as prayed for? OPC

7 Whether the suit is not maintainable? OPD

8 whether the plaintiff has no locus standi to file the present suit? OPD

9 Relief.”

6 Court of First Instance while recording findings on issues Nos. 1 to 3 found that the WILL Ex.P-1 propounded by the plaintiff was surrounded by suspicious circumstance. Plaintiff failed to dispel the same. In order to prove that that Ishwar Chand had strained relations with his family, plaintiff examined Nirmala Devi, PW4 who was working at the house of Ishwar Chand. To prove WILL, plaintiff exami