RSA No. 2332 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No. 2332 of 2010 (O&M) Date of Decision: 17.5.2011. Mohinder Singh .......Appellant Vs. Pardeep Singh & others ......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Sarwan Singh, Senior Advocate with Mr. N.S.Rapri, Advocate for the appellant. ..... SABINA, J. Plaintiff had filed a suit for declaration that he was owner in joint possession to the extent of 2/3rd share in the land measuring 107 Kanals 6 Marlas. The case of the plaintiff in brief was that Ralli, wife of Waryama, was his maternal grand-mother. On the death of Ralli, her estate devolved on her three daughters i.e. Bissi, Saro and Kartari. Bissi was issueless and had executed a will in favour of the plaintiff qua her 1/3rd share. Mutation in this regard was sanctioned in favour of the plaintiff. Kartari was also issueless and was being looked after by the plaintiff. She had executed a will in favour of the plaintiff on 5.1.1965. The defendants No. 1 and 2 were declaring that they had become owners of the suit property to the extent of 1/3rd share of Kartari on the basis of will dated 24.4.1998. The said will was a forged and fictitious RSA No. 2332 of 2010 (O&M) -2- document. Defendants No. 1 and 2, in their written statement, averred that Bissi had executed a will dated 25.3.1965 in favour of her sisters. Kartari and Saro had sold the property, inherited by them from Bissi and no objection had been raised qua the said sale deed. Kartari had executed a will in favour of the defendants. Puran Singh and Kartari had adopted Mindho, mother of the defendants. Saro, sister of Kartari had executed a will in favour of defendant No.3 and 4. On the pleadings of the parties, following issues were framed by the trial Court:- “1. Whether Smt. Bissi and Smt. Kartari executed legal and valid wills in favour of the plaintiff? OPP 2. Whether Smt. Saro had executed legal and valid will in favour of defendants No. 3 and 4? OPP 3. Whether plaintiff became owner in joint possession to the extent of 2/3rd share in suit property? OPP 4. Whether plaintiff is entitled for declaration permanent injunction as prayed for? OPP 5. Whether Smt. Bissi had executed legal and valid will dated 25.3.1965 in favour of her sisters namely Smt. Kartari and Smt. Saro? OPD 6. Whether Smt. Kartari had executed legal and valid will dated 24.4.1998 in favour of defendants No. 1 and 2? OPD 7. Whether suit is not maintainable in present form? OPD RSA No. 2332 of 2010 (O&M) -3- 8. Whether plaintiff has no locus-standi to file the suit? OPD 9. Whether the plaintiff is estopped by his act and conduct to file the present suit? OPD 10. Whether plaint is vague, indefinite and ambiguous, if so its effect? OPD 11. Whether the suit is bad for non-joinder and mis joinder of necessary parties? OPD 12. Whether the present suit is liable to be stayed due to pendency of previously instituted suit between the parties? OPD 13. Whether no cause of action has accrued to plaintiff to file the suit? OPD 14. Whether suit is not properly valued for purpose of court fee and jurisdiction? OPD 15. Relief.” Civil Judge (Junior Division) vide judgment and decree dated 13.11.2006, dismissed the suit of the plaintiff. Aggrieved by the said judgment and decree, plaintiff preferred an appeal and the same was also dismissed by the District Judge vide judgment and decree dated 24.11.2009. Hence, the present appeal by the plaintiff. After hearing the learned counsel for the appellant, I am of the opinion that the instant appeal deserves dismissal. The plaintiff had filed the suit basing his claim on the will dated 5.1.1965 allegedly executed by Kartar Kaur @ Kartari. However, the plaintiff had failed to prove the will, set-up by him. The original will was not placed on record. In these RSA No. 2332 of 2010 (O&M) -4- circumstances, the courts below rightly held that the plaintiff had failed to prove his case. The defendants, on the other hand, proved on record will dated 24.4.1998 by examining Harjinder Singh, attesting witness as DW-3 and Ram Sarup, Deed Writer as DW-4. The said witnesses proved the due execution of the will dated 24.4.1998, executed by Kartar Kaur in favour of defendants No. 1 and 2. No substantial question of law arises in this appeal. Dismissed. (SABINA) JUDGE May 17, 2011 Gurpreet