High Court of Punjab and Haryana, Chandigarh
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AJAIB SINGH & Anr v. JARNAIL SINGH & Ors - RSA-810-2004  RD-P&H 120 (12 January 2006)
REGULAR SECOND APPEAL NO. 810 of 2004
DATE OF DECISION: January 23, 2006.
Ajaib Singh and another
Jarnail Singh and others
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. Tribhawan Singla,
Advocate, for the appellant.
Appellants filed a suit for declaration that they be declared owners in possession of the property, left by their father. They have based their claim on a Will, allegedly executed by their father on October 20, 1991. Their suit was dismissed. They also failed in appeal. Both the Courts below have found it as a matter of fact that execution of the Will was surrounded by suspicious circumstances. Testimony of the attesting witnesses was disbelieved by the Courts below, by taking note of various discrepancies in their statements. It has also come on record that relations of deceased Jang Singh with the respondents were not strained and further that he was not being looked after only by the plaintiffs appellants. Rather it has come on record that the appellants had contested some litigation against their father before his death. This Court is of the view that the impugned judgments passed by both the Courts below are perfectly justified and call for no interference in the concurrent findings of fact. Dismissed.
January 23, 2006. ( Jasbir Singh )
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