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AJMER SINGH versus SMT.BARFI & ORS

High Court of Punjab and Haryana, Chandigarh

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Ajmer Singh v. Smt.Barfi & Ors - RSA-4049-2005 [2006] RD-P&H 1759 (17 March 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Case No. : R.S.A.No. 4049 of 2005

Date of Decision : March 17, 2006.

Ajmer Singh .... Appellant

Vs.

Smt.Barfi and others .... Respondents

Coram : Hon'ble Mr.Justice Viney Mittal.

* * *

Present : Mr.R.M.Singh, Advocate

for the appellant.

* * *

JUDGMENT (Oral) :

The plaintiff has lost concurrently before the two courts below.

They claimed exclusive ownership and possession of the suit property on the basis of an unregistered will dated December 05, 1978, claimed to have been executed by Nirmal Singh, original owner of the suit property. The date of death of Nirmal Singh has not been mentioned by the plaintiff in the suit but merely it has been mentioned that Nirmal Singh died in the month of December, 1978.

Both the courts below have rejected the aforesaid unregistered will set up by the plaintiff and held that the same is not shown to have been executed by Nirmal Singh. Consequently, it has been held by both the courts below that the estate of Nirmal Singh was to devolve upon, by way of natural succession.

Consequently, suit filed by the plaintiff was dismissed by the R.S.A.No. 4049 of 2005 : 2 :

learned trial court and his appeal also failed before the learned first appellate court.

Nothing has been shown that the findings recorded by both the courts below suffer from any infirmity or are contrary to the record.

No question of law, much less any substantial question of law, arises in the present appeal.

Dismissed.

March 17, 2006 ( VINEY MITTAL )

monika JUDGE


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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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