JUDGEMENT
HARKESH MANUJA, J. -
(1.)Present second appeal has been filed challenging the impugned judgments and decrees dtd. 17/4/2015 and 1/8/2019 passed by the Courts below; whereby a suit for declaration claiming ownership to the extent of half share qua the property in dispute has been decreed in favour of respondent/ plaintiff (hereinafter referred to as -the respondent-).
(2.)The facts leading to the present appeal are that in the present case the property left by deceased Shamsher Singh has become an apple of discord between his mother i.e. appellant/ defendant (hereinafter referred to as -the appellant-) and his widow i.e. respondent. As per the case set up in the plaint, leaving behind the suit property Shamsher Singh unfortunately died intestate on 28/5/2009 and respondent as well as the appellant as his Class I legal heirs. The respondent further submits that mutation No.383 dtd. 26/11/2019 was entered into in the name of both the Class I legal heirs though later impugned in appeal at the instance of present appellant having set up a registered Will dtd. 18/5/2009 in her favour. As per the plaint, the Will dtd. 18/5/2009 happens to be a forged and fabricated document being surrounded by suspicious circumstances. Based on the aforesaid facts, the respondent sought declaration claiming half share in the property left by her husband Shamsher Singh on the basis of natural succession with a further prayer for grant of joint possession as well as for grant of permanent injunction restraining the appellant from alienating the suit property, in any manner, besides having challenged the validity of Will dtd. 18/5/2009 registered on 19/5/2009 being illegal, forged and fabricated document.
(3.)In response, the appellant contested the suit by filing a detailed written statement. Having admitted the factum of marriage between the respondent and Shamsher Singh, the primary thrust was on the validity of Will dtd. 18/5/2009. The learned Civil Judge, (Junior Division), Ludhiana, vide its impugned judgment and decree dtd. 17/5/2015 though accepted the execution of the Will in question, however, discarded the same being based on suspicious circumstances, thereby decreeing the suit in favour of respondent to the extent of half share in the suit property. Aggrieved against the judgment and decree passed by learned trial Court, the appellant filed first appeal which again met the same fate and was dismissed by learned Additional District Judge, Ludhiana, vide judgment and decree dtd. 1/8/2019.
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