IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-959-2000 (O&M)

Reserved on: 10.02.2025 Pronounced on: 27.02.2025 INDERJIT SINGH . . . .APPELLANT Vs.

BALBIR SINGH . . . . RESPONDENT CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Amit Jain, Sr. Advocate, with Mr. Parit Aggarwal, Advocate, for the appellant.

Mr. Raj Kumar Gupta, Advocate, for the respondent.

DEEPAK GUPTA, J.

Suit for possession and permanent injunction regarding property in dispute filed by plaintiff-Inderjit Singh minor (appellant herein) against defendants-Balbir Singh and others, was dismissed by the trial Court of ld. Additional Civil Judge (Sr. Division) Rajpura on 22.07.1996. Appeal filed by the plaintiff against the said judgment was dismissed by the First Appellate Court of ld. Additional District Judge, Patiala vide judgment dated 15.12.1999. Against these concurrent findings, the plaintiff has approached this Court by way of the present Regular Second appeal.

2. Lower Court record was called. Same has been perused. In order to avoid confusion, parties shall be referred as per their status before the Trial Court.

3. Undisputed facts are that Sharam Singh was owner of 44 bighas 17 biswas of land situated in Village Gado Majra, Tehsil Rajpura. He has two sons namely Wadhawa Singh and Piara Singh. Wadhawa Singh has one son namely Inderjit Singh (plaintiff-appellant herein). Piara Singh has two sons namely, Balbir Singh and Ranjit Singh (Defendants No.1 & 2 herein). By way of a Will dated 06.03.1975 registered on 07.03.1975, Sharam Singh bequeathed 22 bighas 9 biswas of land in favour of plaintiff-Inderjit Singh; whereas the remaining 22 bighas 8 biwas of land was bequeathed in favour of defendants No.1 & 2 i.e. Balbir Singh and Ranjit Singh.

4.1 The plaintiff has challenged the validity of a Will dated 28.05.1984, allegedly executed by Sharam Singh, bequeathing his entire property exclusively to defendants No.1 and 2. At the time, defendants No.1 and 2 were serving in the military, while the plaintiff and his mother cared for Sharam Singh. In May 1984, Piara Singh took Sharam Singh to the tube well, during which Wadhawa Singh was residing abroad. Exploiting Wadhawa Singh’s absence, Piara Singh allegedly orchestrated the execution of a fraudulent Will in favour of his sons, defendants No.1 and 2, thereby cancelling the previous Will. The plaintiff contends that Sharam Singh never executed the Will dated 28.05.1984, which was instead procured by Piara Singh through fraud and coercion. Based on this contested Will, the entire suit property was mutated in favour of defendants No.1 and 2. According to the plaintiff, upon Sharam Singh’s death on 26.08.1984, the property should have devolved equally among the plaintiff and defendants No.1 and 2, as per the earlier Will dated

06/07.03.1975.

4.2 Furthermore, the plaintiff alleges that defendants No.1 and 2 transferred possession of 6 bighas 5 biswas of land, comprised in Khasra No.436, to defendants No.3 and 4 under a false and fictitious agreement to sell. Previously, while still a minor, the plaintiff had filed a similar suit through his mother Smt. Gurmail Kaur, but it was withdrawn with permission to file afresh on the same cause of action.

4.3 With these submissions, plaintiff prayed for decree of possession and permanent injunction of the suit land in respect of the land measuring 22 bighas 9 biswas. He further sought decree of permanent injunction to restrain defendants from alienating or encumbering in any manner the suit property.

5. Defendants In their written statement contended that Will dated 28.05.1984 was the last Will of Sharam Singh, whereby the earlier Will dated 06.03.1975 had been cancelled. They denied all the allegations as made by the plaintiff and prayed for dismissal of the suit.

6. Necessary issues were framed. Evidence produced by the parties was taken on record. Trial Court held that suit property was self- acquired property of Sharam Singh. It was further held that Will dated 06.03