SUNITA Vs. HEM SINGH AND ORS.

JUDGEMENT

(1.) Cm No.10137-C of 2014

(2.) It is the contention of the learned counsel for the appellant that the Will dated 04.09.2006 is shrouded by the suspicious circumstances as the same has been executed on 04.09.2006, merely six days prior to the death of the testator-Ram Kumar Singh, father of the parties. He contends that out of the three attesting witnesses, only one has appeared before the Court in support of the Will and the other two witnesses have not come present. That apart, he contends that since the land is ancestral and was inherited by deceased-Ram Kumar Singh, no Will could have been executed qua the said property. Contention has, thus, been raised for setting aside the judgments and decree passed by the Courts below and for decreeing the suit of the appellant-plaintiff.

(3.) I have considered the submissions made by the learned counsel for the appellant and with his able assistance, have gone through the impugned judgments.