GULZARA SINGH Vs. BALRAM KUMAR

JUDGEMENT

(1.) This appeal by defendant No. 1 is directed against the judgment of the first Appellate Court dated 26.4.2005 by which the findings recorded by the learned trial Court were reversed.

(2.) The plaintiff-respondent No. 1 has claimed the property of one Ujagar Singh on the basis of a registered Will dated 29.12.1997. He also claims the estate of Ujaggar Singh again on the basis of an unregistered Will. The learned trial Court while appraising the material on record to establish the veracity of the Wills concluded that both the Wills were fictitious and discarded the same. The plaintiffrespondent No. 1 thereafter filed an appeal in which the findings of the learned trial court were reversed. The appellant who had also filed a counter claim to the suit filed by the plaintiff-respondent in which adverse findings were recorded against him did not make any challenge to the same.

(3.) The first Appellate Court concluded on the basis of evidence before it that the Will dated 29.12.1997 in favour of the plaintiff-respondent was a valid Will. To support its reasoning it had observed that deceased Ujagar Singh was residing with the plaintiffrespondent and other family members which was reflected from the voter-list card and he was also having a joint bank account with the plaintiff-respondent. The scribe of the Will was also examined and so were the attesting witnesses who consistently deposed regarding the execution of the Will at the instance of Ujagar Singh. The Will was proved in accordance with law.