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AJAIB SINGH & ANR versus JARNAIL SINGH & ORS

High Court of Punjab and Haryana, Chandigarh

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AJAIB SINGH & Anr v. JARNAIL SINGH & Ors - RSA-810-2004 [2006] RD-P&H 120 (12 January 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

REGULAR SECOND APPEAL NO. 810 of 2004

DATE OF DECISION: January 23, 2006.

Parties Name

Ajaib Singh and another

...APPELLANTS

VERSUS

Jarnail Singh and others

...RESPONDENTS

CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. Tribhawan Singla,

Advocate, for the appellant.

JUDGMENT:

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 )

DKC Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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