BHOLE ALIAS BANARASI Vs. RAJESH KUMAR

JUDGEMENT

(1.) UMESHWAR Pandey, J. Heard Sri Satya Prakash, learned Counsel for the appellant and Sri S. C. Verma holding brief of Sri R. K. Yadav appearing on behalf of the respondent No. 1.

(2.) THIS appeal challenges the judgment and decree of the lower appellate Court dated 6-11-2006 whereby the appellant plaintiff's first appeal has been dismissed and the judgment of the trial Court has been affirmed.

(3.) ON the pleadings of the parties, the trial Court framed several issues in this case and gave its findings holding that the Will in question is not a forged document. It was executed by Gupal Singh in full consciousness and whether the signatures or the thumb-impressions made in the document were that of Gupal Singh or not the burden to prove it was upon the plaintiff. The trial Court also found that from the evidence recorded from the side of the defendant No. 1, which also include the statement of the attesting witness, it was duly proved that the Will was executed with all genuine intentions by Gupal Singh without any pressure or other influence and thus only the suit was dismissed against which the first appeal was preferred before the Court below.