LAWS(CHH)-2006-8-21

OMKAR PRASAD Vs. BHOODHAR PRASAD

Decided On August 30, 2006
Omkar Prasad (Dead Through Lrs.) Appellant
V/S
Bhoodhar Prasad Respondents

JUDGEMENT

(1.) This is the Plaintiff's second appeal filed under Section 100 of Code of Civil Procedure against the judgment and decree dated 11.3.1996 passed by the Additional Judge to the Court of District Judge, Bilaspur, Sakti, in Civil Appeal No. 26-A/94 arising out of judgment and decree dated 20.10.1994 passed in Civil Suit No. 19-A/88 by the Civil Judge, Class-H, Sakti, District-Bilaspur (CG). The Plaintiff lost in both the Courts.

(2.) This appeal was admitted for hearing on 31.7.1996 on the following substantial questions of law:

(3.) Whether on the facts and in the circumstances of the case the execution and attestation of the will is proved by legal evidence and whether the findings recorded by the courts below that the will is genuine is perverse and contrary to record and is liable to be interfered with in this second appeal ? 3. The brief facts are that the suit lands described in Schedule-A and Schedule-B of the plaint were the properties belonging to one Kunj Ram. The pedigree described in the plaint is as follows: