BAJ SINGH Vs. NIKKO

JUDGEMENT

(1.) Whether it is appropriate for a Court to permit a party to press devolution by natural succession; disregarding the Will which is duly proved and established, merely on the basis of suspicious circumstances, in the absence of any such pleadings and consequential failure to lead evidence to prove this assertion?

(2.) Whether a recital with respect to the delivery of possession in the registered gift deeds along with the signatures/thumb impressions of the donor and the donee are sufficient to prove acceptance of the gift?

(3.) In order to prove her case, the plaintiff appeared as PW1. Apart therefrom, she examined PW2 Iqbal Singh, PW3 Farjand, PW4 Joginder Singh, PW5 Harbans Singh. On the other hand, defendants examined DW1 Ashok Kumar (scribe of the Will), DW2 Vikas Jindal, Clerk, District Election Office, DW3 Surjit Singh, attesting witness of the Will, DW 4 Baj Singh (defendant No.1), DW5 Gurcharan Singh, attesting witness of the gift deeds, DW6 Pardeep Kumar Arora (scribe of the gift deeds) and DW7 Sukhcharan Singh (defendant No.3).