BHAGWAN KAUR Vs. KARTAR KAUR

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and decree passed by the Punjab and Haryana High court in Regular Second appeal No. 1956 of 1985.

(2.) The dispute relates to a registered will dated 30/3/1977. The contestants are the appellant (now dead and represented by legal representatives) named Kartar Kaur, the widow of Bachan Singh testator on the one side and on the other Bhagwan Kaur, the second widow of Bachan singh and Ranjit Singh the legatee of the will who is the brother's son of bhagwan Kaur. On the death of Bachan Singh the appellant filed a suit for declaration and in the alternative a suit for joint possession in relation to the suit properties on the plea that she was an heir of Bachan Singh and entitled to succeed to his estate to the extent of one-half. This is insofar as Bachan Singh's properties were concerned. Declaration was also sought to a smaller extent relating to those properties in which she was joint owner with the co-widow. This part, though has been involved in the suit, is conceded by learned counsel for the respondents to be outside the scope of the decree of the High court. The concession is recorded,

(3.) The suit was resisted by the co-widow, Bhagwan Kaur and the legatee by projecting a registered will dated 30/3/1977 pleading that the entire estate of Bachan Singh vested in the legatee Ranjit Singh. The trial court went into the matter and decided against the due execution of the will, and gave the declaration to the appellant. The first appellate court confirmed the finding of the trial court. The High court, however, on re-examining the evidence came to the conclusion that due execution of the will was proved and since there was nothing suggested as to the validity of the will, it came to the conclusion that the estate of Bachan Singh lawfully passed to Ranjit Singh, the legatee. It is against this judgment and decree that the present appeal has been filed.