High Court of Punjab and Haryana, Chandigarh
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Karaj Singh & another v. Mukhtiar Singh & Ors - RSA-4602-2002  RD-P&H 712 (10 February 2006)
Case No. : R.S.A.No.4602 of 2002
Date of Decision : February 21, 2006.
Karaj Singh & another .... Appellants
Mukhtiar Singh & others .... Respondents Coram : Hon'ble Mr.Justice Viney Mittal.
* * *
Present : Mr.B.R.Mahajan, Advocate
for the appellants.
Mr.Munishwar Puri, Advocate
for the respondents.
JUDGMENT (Oral ) :
The plaintiffs have lost concurrently before the two courts below. They filed a suit for declaration claiming right to the suit property on the basis of a Will dated March 06, 1994. They claimed exclusive ownership of the property on the basis of alleged Will dated March 06, 1994, claimed to have been executed by Joginder Singh in their favour.
They also challenged the Will dated June 17, 1994, executed by Joginder Singh in favour of defendants no.1 to 4 and the decree dated February 24, 1993 suffered by Joginder Singh in favour of the aforesaid defendants.
Both the courts below have concurrently held that the Will dated March 06, 1994, relied upon by the plaintiffs was not shown to be executed by Joginder Singh. It was surrounded by suspicious circumstances.
The validity of Will dated June 17, 1994, executed by Joginder Singh in favour of defendants no.1 to 4 was upheld and also the decree dated February 24, 1993, suffered by Joginder Singh in favour of the defendants was held to be legal and valid.
R.S.A.No.4602 of 2002 : 2 :
The suit filed by the plaintiffs was dismissed by the learned trial court and appeal filed by them 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.
February 21, 2006 ( VINEY MITTAL )
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