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RANJIT KAUR & Ors v. SURJIT SINGH & Ors - RSA-4199-2004  RD-P&H 118 (12 January 2006)
REGULAR SECOND APPEAL NO. 4199 of 2004 (O&M) DATE OF DECISION: January 24, 2006.
Ranjit Kaur and others
Surjit Singh and others
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Shri V.K. Mahajan,
Advocate, for the appellants.
Appellants filed a suit for possession by claiming declaration to the effect that they are owners of the land in dispute, description of which was given in their plaint. It was their case that they being natural heirs of deceased Teja Singh are entitled to inherit the land in dispute on the basis of natural succession. Trial Court below, by taking note of the registered Will in favour of respondent No. 1 Surjit Singh, who is none other than brother of the appellants and son of the deceased, dismissed their suit. Appellants failed in appeal. It is apparent from the records that both the Courts below, by taking note of Will Ex.
D1, report of Handwriting Expert and also testimony of other witnessess, came to a conclusion that the execution of Will dated November 26, 1965, stood proved on record. Contention of counsel for the appellants that the Will remained in dark for the last so many years is of no substance. Teja Singh died in the year 1993 and thereafter on the basis of Will, property was mutatedin favour of his son Surjit Singh, respondent No. 1. Further contention that the Will was surrounded by suspicious circumstances is also of no substance. In the will, sufficient reasons have been given to disinherit the appellants by stating that they are married and are living happily in their family. No case is made out for interference in pure findings of fact. Dismissed.
January 24, 2006. ( Jasbir Singh )
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