AJMER KAUR Vs. GINDER KAUR

JUDGEMENT

(1.) This is plaintiff's second appeal whose suit for declaration as well as for possession has been dismissed by both the Court below.

(2.) Banta Singh was the owner of the suit land measuring dent leaving bebind the plaintiff who is the mother and the widow (defendant-respondent). The plaintiff (mother) filed the present suit claiming the properly left behind by the deceased on the basis of a will dated 29-3-1971 executed in her favour. This suit was contested by the defendant of the ground that her husband Banta Singh never executed any will in favour of the plaintiff and the property left by him was rightly mutated by the revenue authority in their favour in equal shares. It was further pleaded that her husband Banta Singh was a youngman when he died in an accident. He never apprehended his death in the near future and therefore, the question of executing any will at such a young age did not arise. The will set up by the plaintiff was forged and not a genuine document. the learned Subordinate Judge found that he was convinced that the will set up by the plaintiff was not validly executed by Banta Singh. In view of that finding plaintiff's suit was dismissing the plaintiff's. Dissatisfied with the same, the plaintif has filed this second appeal in this Court.

(3.) The learned counsel for the appellant contended that the suspicious circumstances taken into considerable by the Courts below are non-existant. The mere fact that the testator was of young age was no ground to discard the will. According to the learned counsel, since to a testator was going to join the military very soon before he died in the accident, he thought to executs the will in favour of his mother because his relations with his wife were not cordial and she was living separately at her parents' house. The relations had become strained because the wife-was unable to deliver any child.