DAMANDEEP Vs. JASPAL KAUR AND ORS.

JUDGEMENT

(1.) Challenge in this appeal is to the judgments and decree passed by the Courts below i.e. Civil Judge (Senior Division), Ellenabad, dated 07.10.2011 by which the suit preferred by Ravinder Kaur seeking declaration alongwith consequential relief of permanent injunction, stands dismissed, which has been affirmed by the District Judge, Sirsa on 25.01.2013.

(2.) It is the contention of the counsel for the appellant-plaintiff that the Will which has been produced by the respondent-defendants in support of their claim has not been properly proved and there is an unnatural gap between the thumb impression and the writing of the Will. That apart, he contends that the Will has been registered after the death of the propounder of the Will, namely, Shri Jalaur Singh.

(3.) An argument has also been raised that Jalaur Singh was not in his sound disposing mind when the Will is alleged to have been propounded by him and thus, the same was shrouded with suspicious circumstances specially when the name of predecessorin-interest of the appellant, namely, Ravinder Kaur has not been mentioned therein. He, thus, contends that the findings recorded by the Courts below cannot sustain and deserve to be set aside.