SODHAN Vs. LABH SINGH

JUDGEMENT

(1.) THE respondents filed a suit for declaration seeking inheritance to the estate of Budh Singh who died on 26.7.1978, apart from claiming as heirs of Budh Singh. Reliance was placed on Will dated 26.3.1964, Ex. P-1, scribed by Sadhu Ram, PW-1, petitioner-writer and attested by Amar Singh (who had expired before the trial) and Chuhar Singh, PW-2. It was further stated that Jangir Singh, predecessor of the appellants got mutation sanctioned in his favour on the basis of alleged Will dated 15.10.1977, Ex. D-1, which was fictitious.

(2.) THE defendants contested the suit, denying Will dated 26.3.1964, Ex. P-1 and in the alternative stating that the said Will stood cancelled by Will dated 15.10.1977, Ex. D-1.

(3.) ON appeal, the lower appellate Court upheld Will Ex. P-1 reversing the finding of the trial Court. It was held that Labh Singh, PW-4 could not be held to have taken active part in execution of the Will by merely accompanying the deceased. It was held that Labh Singh was rendering services to the deceased and Will Ex. P-1 was a registered Will which could not be held to be tainted by any suspicion. Testimony of Sadhu Ram, PW-1 scribe and attesting witness, Chuhar Singh could be relied upon. Endorsement by the Sub-Registrar Ex. P-1/A was also relied on. Finding of the trial Court that Will dated 15.10.1977 Ex. D-1 had not been proved, was upheld. It was also observed that according to Hazur Singh, DW-2, Budh Singh, deceased had admitted having executed Will Ex. P-1.