Advocates:
['H S BRAR', 'RAJINDER KRISHAN AGGARWAL', 'I S BAJWA', '']

Regular Second Appeal No.3621 of 1987 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Regular Second Appeal No.3621 of 1987

Date of Decision: 19.8.2015

Jarnail Singh and another

..Appellants

versus

Gurbachan Singh (since deceased represented by his LRs) and

others

..Respondents

and

Regular Second Appeal No.1412 of 1988

Date of Decision: 19.8.2015

Basheshar Singh and others

..Appellants

versus

Jarnail Singh and others

..Respondents

CORAM:

HON'BLE MR JUSTICE RAJIVE BHALLA

Present:

Mr. Aashish Aggarwal, Senior Advocate

with Mr. Kulwant Singh, Advocate and

Mr. K.G.Chaudhary, Advocate,for the appellants.

(in RSA No.3621 of 1987).

Mr. Vikas Singh, Advocate

for the appellants (in RSA No.1412 of 1988)

Mr. Vishal Aggarwal, Advocate,

for the respondents.

Mr. Udhamjit Singh, Advocate.

RAJIVE BHALLA, J. (ORAL)

The dispute in these appeals relates to inheritance to the

estate of one Arjan Singh. The appellants, in both appeals, claim

succession to the estate of Arjan Singh, on the basis of separate

unregistered wills, namely, will dated 25.12.1981, Ex.D1, (RSA

No.3621 of 1987), and Ex.DW9/A, will, dated 6.9.1981, (RSA

KUMAR VIRENDER

2015.11.17 12:02

I attest to the accuracy and

authenticity of this docunt

High Court Chandigarh

Regular Second Appeal No.3621 of 1987 2

No.1412 of 1988). The original plaintiff (since deceased), however,

claims ownership by natural succession.

Gurbachan Singh, son of Udham Singh (since deceased)

real brother of Arjan Singh, filed a suit for declaration, claiming that

as his brother Arjan Singh, has died issueless and his wife had pre-

deceased him, the land in dispute has devolved to him by natural

succession. The appellants, in RSA No.3621 of 1987, Jarnail Singh

and Karnail Singh, minor sons of Gurnam Singh (defendant nos. 1

and 2), filed a written statement propounding a will, Ex.D1, dated

25.12.1981, bequeathing the property in dispute to them. The

appellants 1 to 7 in RSA No.1412 of 1988 (defendant nos. 3 to 9 in

the suit) Basheshar Singh, Mewa Singh, Jasbir Singh, Gian Singh

sons of Shri Nihal Singh, Rajbir Singh, Sukhbir Singh and Ranbir

Singh sons of Shri Jagir Singh, filed a written statement propounding

will, dated 6.9.1981,Ex.DW9/A.

Gurbachan Singh filed a replication controverting

averments in both sets of written statements. On the pleadings of

parties, the trial Court framed the following issues:-

“1. Whether Arjan Singh executed his last will dated

25.12.1981 in favour of the defendants number 1 and 2

as alleged in para number 4 of the written

statement?OPD 1 and 2

2.

Whether the defendants no.10 and 11 are tenants

under the defendants number 1 and 2?OPD

3.

Whether Pooran Singh defendant has surrendered

the tenancy rights in favour of the defendants number 1

KUMAR VIRENDER

2015.11.17 12:02

I attest to the accuracy and

authenticity of this docunt

High Court Chandigarh

Regular Second Appeal No.3621 of 1987 3

and 2, if so its effect?OPD

4.

Whether the plaintiff is in possession of the house in

question?OPP

5.

Whether the plaintiff consented for mutation in

favour of the defendants number 1 and 2 on the basis of

the will, if so its effect?OPP

6.

Whether Arjan Singh deceased executed his will

dated 6-9.1981 in favour of the defendants number 3 to

9?OPD

7.

Relief.

After parties led their respective evidence, the trial

court accepted, will dated 25.12.1981, Ex.D1, rejected will

Ex.DW9/A, dated 6.9.1981 and consequently, dismissed the suit by

holding that succession would open on the basis of will Ex.D1, dated

25.12.1981.

Aggrieved by this judgment and decree, Gurbachan Singh

as well as the appellants in RSA No.1412 of 1988, filed separate

appeals. The Additional District Judge, Patiala, accepted the appeal

filed by Gurbachan Singh, dismissed the appeal filed by appellants,

in RSA No.1412 of 1988, thus, rejecting