LAWS(P&H)-2014-11-66

GOURAV AND ORS. Vs. SHAKUNTLA CHAUDHARY AND ORS.

Decided On November 14, 2014
Gourav And Ors. Appellant
V/S
Shakuntla Chaudhary And Ors. Respondents

JUDGEMENT

(1.) The present regular second appeal has been preferred against the judgment and decree dated 23.09.2014 passed by the Additional District Judge, Karnal, accepting the appeal preferred by the respondents/plaintiffs against the judgment and decree dated 06.06.2011 passed by the trial Court whereby the suit filed by the plaintiffs was dismissed. The plaintiffs being Class-I heirs of deceased Lachhman Dass claimed ownership with joint possession to the extent of 1/4th share in the suit land measuring 65 kanals 1 marla. The defendants set up a registered Will purported to be executed by Lachhman Dass on 13.07.1995 and registered on 01.03.1996.

(2.) The short point involved in the case is 'whether the propounders of the Will have successfully discharged their onus to prove the Will in accordance with law in the light of provisions of Sections 68 and 69 of the Indian Evidence Act, 1872 (in short 'the Act')'.

(3.) Indisputably, the attesting witnesses of the Will and its scribe have not been examined with the plea that all of them had passed away. The widow of the scribe was examined to prove signatures of the scribe on the Will in token of his having scribed the Will and entry in the register being maintained by him. At the time of registration of the Will, the testator is purported to be identified before the registering authority by Anand Parkash, Numberdar.