Tarsem Singh & Ors vs Gurdeep Singh & Anr on 14 January, 2015
Trial court, on a consideration of the matter in issue
and evidence on record, found that judgment and decree dated
30.05.1985, rendered in civil suit No.224 of 1983, titled as
Gurbachan Singh v. Mehar Singh and others, revealed that
plaintiff claimed to have inherited the suit land from his father
Dhian Singh, on the basis of a will dated 09.06.1973, and he
had only inherited a life interest therein. And thus, plaintiff
had no power to alienate or transfer the said land. In
reference to the certified copy of the will dated 09.06.1973
(Ex.D2), it was observed that although the same was not
proved, as required in law, but the contents thereof could
always be taken into consideration for collateral purposes
particularly in the wake of the plea of Gurbachan Singh in civil
suit No.224 of 1983. Accordingly, it was observed that even if
Gurbachan Singh had mortgaged the suit property, but the
same had no effect on the right of the actual owner since he
only had a life interest therein.