IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on :- 19.02.2026 Date of Pronouncement:-06.03.2026 Uploaded on:-10.03.2026 Iqbal Singh (Deceased) through his LRs and Others … Appellants Versus Amar Singh (Deceased) through his LRs ... Respondents ****

CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Argued by :-

Mr. Amit Jain, Senior Advocate with Ms. Nikita Sharma, Advocate for the appellants.

Mr. Puneet Jindal, Senior Advocate with Mr. P.C. Munjal, Advocate, Ms. Natasha Munjal, Advocate and Mr. Rahul Bansal, Advocate for the respondents/cross-objectors.

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VIRINDER AGGARWAL , J .

1. The appellants/plaintiffs, aggrieved by the judgment and decree dated 17.04.1995 of the learned Additional District Judge, Ferozepur, which partly reversed the well-reasoned judgment and decree dated 31.03.1993 of the learned Sub-Judge Ist Class, Zira, respectfully invoke the appellate jurisdiction of this Court through the present Regular Second Appeal (for short “RSA”). The appellants seek restoration of the decree rightly granted by the learned Trial Court and appropriate redress for the substantial miscarriage of justice occasioned thereby. It is respectfully submitted that the impugned judgment and decree are vitiated by manifest perversity, serious errors of law, and a fundamentally flawed appreciation of the evidentiary record, resulting in grave injustice. The appellants therefore pray that this Court set aside the impugned judgment and decree and reinstate the lawful and well-reasoned decree of the learned Trial Court.

2. The sequence of events antecedent to, and culminating in, the present appeal may be succinctly set out as under:-

“In the plaint, the plaintiffs predicate their claim upon their asserted consanguinity with the deceased Shangara Singh, whose estate forms the subject matter of the present lis. It is averred that they are the sons of Pidar Singh, the uterine brother of Shangara Singh, both born to Smt. Lachhmi from her two successive marriages. A pedigree table has been set forth to elucidate the lineage.

It is pleaded that Smt. Lachhmi was first married to Makhan Singh, from whom Pidar Singh was born, and upon his demise, she entered into a Kareva marriage with Baga Singh, from which wedlock Shangara Singh was born. Shangara Singh, owner of land measuring 122 Kanals 1 Marla situated in village Aminwala, Tehsil Zira, is stated to have died issueless in January 1989.

The plaintiffs allege that he had executed a registered Will dated

03.05.1962 bequeathing his entire estate in their favour, the original whereof was subsequently lost in floods. The defendant, Amar Singh, is alleged to have procured mutation on the basis of a forged unregistered Will dated 24.01.1989, falsely claiming heirship. On these averments, the plaintiffs seek a declaration of their rights under the earlier Will with consequential symbolic possession.”

3. Upon service of summons, the defendants appeared and filed their written statement as follows:-

“In his written statement, Amar Singh, defendant, has repudiated the plaintiffs’ pedigree and set up an independent line of succession. It is averred that plaintiff No.5 acts solely as attorney for plaintiffs No.1 to 4. The defendant asserts that he is the son of Baga Singh son of Jeon Singh, and that upon Baga Singh’s demise, his estate devolved upon his son Shangara Singh and daughter Santo. The alleged Kareva marriage of Smt. Lachhmi with Baga Singh is specifically denied.

While admitting Shangara Singh’s ownership of 122 Kanals 1 Marla, the defendant pleads that the deceased resided with him, being his maternal uncle, and expired on 25.01.1989 at his residence after medical treatment at Civil Hospital, Moga. The allegation of murder is emphatically denied. It is further averred that, out of love and affection and in recognition of services rendered, Shangara Singh executed an unregistered Will dated 24.01.1989 in his favour, on the basis whereof Mutation No.970 was sanctioned. The defendant claims heirs