RADHABAI Vs. TILAKRAM

JUDGEMENT

(1.) Heard on admission. This appeal is directed against the impugned judgment and decree dated 27.4.2007 passed by learned lower appellate Court by which decree passed in favour of respondent-plaintiff has been affirmed and appeal dismissed.

(2.) Learned counsel for the appellant argued that the Courts below committed gross illegality and perversity in holding Will Deed (Ex.P-2) proved though the plaintiff failed to prove the same in accordance with law. It is submitted that there were two attesting witnesses of the Will Deed. However, only Shyamlal, who is father of Tilak, the plaintiff, has been examined. In view of serious allegation that the Will Deed is forged, the Courts below ought not to have relied upon the evidence of Shyamlal to hold the Will Deed proved when other attesting witness namely Ganesh was not examined by the plaintiff.

(3.) In order to record a concurrent finding of fact that the land in dispute was self acquired property of Anuj, the Courts below have relied upon the sale deed (Ex.P-3) dated 22.12.1962, dated 18.1.1964 (Ex.P-4) and sale deed dated 21.1.1977 (Ex.P-5) which prove purchase of land by Anujram. The Courts below have also taken into consideration the registered Gift -Deed dated 13.10.1949 (Ex.P-6) executed in favour of Anuj.