[Civil Appeal Nos. 6918-6919 of 2011]. Being aggrieved by the Judgment delivered in Civil Regular Second Appeal No. 3937 of 2005 and Cross Objection No. 9-C of 2005 dated 21st May,2010 by the High Court of Punjab & Haryana at Chandigarh, these appeals have been filed by original defendant No.1. The facts giving rise to the appeals in a nutshell are as under: Rao Gajraj Singh and his wife Sumitra Devi were occupiers of the suit property. The property appears to have been constructed somewhere in 1935and as per the municipal record, it belonged to Rao Gajraj Singh. A document was executed by Rao Gajraj Singh to the effect that upon death of himself or his wife, the suit property would be inherited by the survivor. The said writing was attested by Rao Devender Singh, the son of Rao Gajraj Singh's real sister. Rao Gajraj Singh expired on 29th March, 1981 and thereafter Sumitra Devi, who had eight children, started residing at Ranchi with the appellant. Somewhere in 1980s, Sumitra Devi got constructed some shops in the suit premises and the said shops were given on rent. On 1st June, 1989, Sumitra Devi executed a Will whereby she bequeathed the suit property to one of her sons, namely, Narinder Singh Rao (the present appellant and original defendant No.1) and she expired on 6th June, 1989. After the death of Sumitra Devi, her four children, one of them being the present respondent No.1, filed a suit for declaration claiming their right in the suit property. Subsequently, the plaint was amended so as to make it a suit for partition. According to the case of the said children, the Will was not genuine and therefore, the said Will could not have been acted upon and as Sumitra Devi was survived by eight children, the suit property would be inherited by all the children. Thus, each child had1/8th share in the suit property.
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