Sadhu Singh, two
mutation proceedings No.5782 and 5905 were
commenced and in the said mutation proceedings, the
defendants produced the Will executed by Sadhu ... Will to be
correct and orders passed sanctioning the mutation as
per the Will.
In support of his contentions, relies upon para
this background suit for declaration for setting aside the mutation
and the Will and according to status of joint ownership was instituted.
The defendants contested ... been considered but the focus of the Court was on the Will. The
mutation dated 10.3.1993 Ex.D8 was challenged in the suit
father after
his death on 14.03.1978 by virtue of registered Will dated 14.05.1971. The
mutation no.263, as per the terms of the Will with ... Arjan Singh and mutation on
the basis of the Will, for, mutation did not confer title. It was explained that
land measuring 998 bighas
without any justifiable cause. The
plaintiffs acquired the knowledge of alleged Will and mutation for the first
time on 18.08.2007, thereafter, the suit was filed ... favour. The Will was executed by Charan Singh out
of his own free will and disposing mind. It was denied the Will was result
last rites and
that was the clincher for rejection of the Will. Mutation of inheritance was
sanctioned on 20.03.1985 in favour of the siblings/legal ... only serving son. The
mutation was sanctioned at the back of the plaintiff without disclosing the
Will. There was no active partition. Deposition of witnesses
plaintiff
as Sohan Singh had executed a registered Will dated 28.03.2003. On the
basis of Will, mutation accordingly was sanctioned in his name and thus
mutation has been passed and
shown during the course of hearing, which reads as under:-
''6. That on the receipt of the mutation ... sanctioned the mutation
No.1702 of the above mentioned land in favour of the
petitioner vide its order dated 23.05.2016. The mutation will
be shown
that "However,
Rupinder Kaur, daughter challenged the aforementioned Will.
The mutation bearing No.16860 on the basis of natural
succession was also challenged ... modified to the extent
that "the mutation so long entered on the basis of Will dated
04.10.1992 would not affect the right
registered Will dated 04.09.2002 and
order dated 29.07.2010 passed by the Assistant Collector 1 st Grade,
Sultanpur Lodhi, sanctioning the mutation bearing No.1012 ... year 2006, copy of
another jamabandi for the year 1975-76, mutation, Will and copy of order
of the Collector, whereas the defendant placed
fabricated Will dated 09.11.1972 (Ex.D7)
before the Assistant Collector 1st Grade, Kalka and on the basis of that
Will, the mutation was sanctioned ... denied that Daropti Devi had ever executed a Will dated 30.8.1960
but placed reliance on the Will dated 09.11.1972 registered on 10.11.1972.
From the pleadings
