DAULI Vs. BACHAN SINGH

JUDGEMENT

(1.) Bhagwan Kaur widow of Ishar Singh owned certain property on May 22, 1966 she executed a Will in favour of her brother and an attorney, Bachan Singh. She died on June 26, 1966. On her death, mutation in respect of her agricultural land was entered on the basis of the Will Ex.DA in favour of Bachan Singh/The collaterals of Ishar Singh (husband of Bhagwan Kaur) filed a suit for possession. The suit was dismissed by the trial court. Their appeal also having met the same fate, they have come to this Court in present second appeal.

(2.) I have heard Shri. R.R. Battas, learned Counsel for the Appellants and Shri Amarjit Markan, learned Counsel for the Respondents.

(3.) Shri Battas contends that the manner in which the Will has been written and the fact that the two attesting witnesses are not only from the village of Bachan Singh but also his relations, caused a serious doubt about the genuineness of the Will. He further contends that the scribe of the Will Mohinder Singh, DW -5 is from a different village and his presence at the time of the writing of the Will is highly suspicious. On these premises, the learned Counsel contends that the judgment and decree passed by the Court below cannot be sustained.