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BALWANT SINGH CHODDA versus SUKHPAL KAUR CHODDA & ORS

High Court of Punjab and Haryana, Chandigarh

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Balwant Singh Chodda v. Sukhpal Kaur Chodda & Ors - RSA-2898-2004 [2006] RD-P&H 2228 (3 April 2006)

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA NO.2898 of 2004

DATE OF DECISION:March 27,2006

Balwant Singh Chodda

....Appellant

VERSUS

Sukhpal Kaur Chodda and others

.....Respondents

CORAM:- HON'BLE MR. JUSTICE VINEY MITTAL
PRESENT: Shri B.R.Mahajan, Advocate for the appellant.

JUDGMENT (ORAL)

The plaintiff has concurrently lost before the two Courts below in a suit for declaration and for permanent injunction. The suit property was claimed by the plaintiff on the basis of a Will dated June 21, 1997 alleged to have been executed by Joginder Singh Chodda.

The defendants are the widow and children of Joginder Singh Chodda. The defendants also set up a Will dated May 3,1998 executed by Joginder Singh Chodda in their favour.

Both the Courts below have rejected both the Wills on the ground that the Wills in question were surrounded by suspicious circumstances. The plaintiff was held not to be entitled to succeed to the property of Joginder Singh Chodda in the presence of his natural heirs i.e. the defendants. The suit filed by the plaintiff was dismissed by the learned trial Court and his appeal failed before the learned First Appellate Court.

Nothing has been shown that the findings of fact recorded by the learned 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 27, 2006 (Viney Mittal)

KD 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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