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Lal Singh v. Sri Kulaf Singh & Others - SECOND APPEAL No. - 811 of 1998 [2007] RD-AH 16029 (26 September 2007)

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Hon. Dilip Gupta, J.

The defendant has filed this Second Appeal for setting aside the judgment and decree passed by the learned VIth Additional District Judge, Etah by which the Civil Appeal, that had been filed by the defendant, was dismissed.

The Original Suit had been filed for cancellation of the will executed on 2.12.1977 by Janki Devi in favour of the defendant Lal Singh. The Courts below have found that the will in question had not been executed as even the thumb impression of the testator could not be proved. They have also observed that the testator had died early in the morning on 2.2.1977 on which date the will was said to have been executed and not on 3.2.1977 as claimed by the defendant. The Courts below have, therefore, observed that the will could not be proved by the defendant. In such circumstances, the suit for cancellation of the will was decreed.

I have heard Sri Prakash Chand, learned counsel for the appellant and Sri Faujdar Rai, learned counsel appearing for the respondents.

Learned counsel for the appellant has not been able to substantiate that the findings recorded by the Courts below are perverse. I have also perused both the judgments which elaborately deal with the matter. The findings have been recorded on the basis of the evidence.

In this view of the matter, the Second Appeal is liable to be dismissed at the admission stage as no substantial question of law arises for consideration. It is, accordingly, dismissed.

Dt/- 26.9.2007



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