STATE Vs. MAN SINGH AND ORS.

JUDGEMENT

(1.) Many years ago there lived in Peshawar a man named Tara Chand Saraf. It appears that he had a Jeweller's business. He had no children. On 20th December 1927 he made a will and had it registered. The original will is lost, or at any rate is not now traceable or procurable. Mr. Partap Singh, one of the present trustees of the trust created by that will, has made a statement before me to that effect. He says that he went to Peshawar in 1964 and tried to locate the original will, but was unsuccessful .He also says that he was informed that the records pertaining to the will in the office of the Sub -Registrar, Peshawar, had been burnt. I have no reason to disbelieve him. As secondary evidence a printed copy of the will has been proved by this gentleman and marked Ex. P -l. No other copy is available.

(2.) The will is in Urdu. A transliteration has been placed on record which I will use for quotation. First of all there is a recital in which the testator says:

(3.) Next the testator devises some of his immovable properties and makes certain bequests. He continues :