High Court of Punjab and Haryana, Chandigarh
Case Law Search
Ranjit Singh v. Bhag Singh & Ors - RSA-4147-2005  RD-P&H 1762 (17 March 2006)
Case No. : R.S.A.No. 4147 of 2005
Date of Decision : March 06, 2006.
Ranjit Singh .... Appellant
Bhag Singh and others .... Respondents
Coram : Hon'ble Mr.Justice Viney Mittal.
* * *
Present : Mr.B.S.Sidhu, Advocate
for the appellant.
JUDGMENT (Oral) :
Plaintiff has lost concurrently before the two courts below. He claimed declaration that he was owner in possession of land measuring 10 kanals, left behind by his grandfather Jassa Singh, on the basis of a Will dated December 03, 1974.
Both the courts below have concurrently held that the Will in question was not duly proved in accordance with Section 68 of the Evidence Act. It has been held that one of the attesting witness of the Will was dead but the other attesting witness has not been produced by the plaintiff. The scribe of the Will, who had appeared, had also conceded that Jassa Singh was not known to him personally. On account of the aforesaid fact, it has been held by the two courts below that the Will dated December 03, 1974, having not proved in accordance with law, could not be said to be duly executed by Jassa Singh in favour of the plaintiff. Suit filed by the plaintiff has been dismissed by the learned trial court and his appeal also failed before the learned first appellate court.
R.S.A.No. 4147 of 2005 : 2 :
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.
March 06, 2006 ( VINEY MITTAL )
Double Click on any word for its dictionary meaning or to get reference material on it.