KARTAR SINGH Vs. GIANO

JUDGEMENT

(1.) THE plaintiff Kartar Singh having concurrently failed before the two courts below, has approached this Court through the present Regular Second Appeal.

(2.) BHAGAT Singh was the original owner of the property. He had two sons - Kartar Singh and Ajaib Singh. Dhanno and Punnu were his two daughters. Defendant Giano is Punnu's daughter, who had died prior to the filing of the suit. Kartar Singh filed the suit claiming that Bhagat Singh, prior to his death, had executed a registered Will dated February 03, 1970 in his favour and thereby, he alone was entitled to succeed to the property of Bhagat Singh to the exclusion of remaining two children and the grand child Giano of Bhagat Singh. He also challenged the mutation which has been sanctioned in favour of all the legal heirs on the death of Bhagat Singh.

(3.) BEFORE the trial court, plaintiff produced Girdhari Lal, scribe of the Will (Ex.P-1) as PW-1. Bhagwan Singh was produced as PW-2. The aforesaid Bhagwan Singh was shown as attesting witness of the Will. However, during the course of his examination, he did not support the plaintiff and therefore, was declared hostile by trial court. PW-3 Rakha Ram is a Registration Clerk. Besides the aforesaid evidence, plaintiff himself appeared as PW-4. The remaining attesting witness of the alleged Will namely Gurnam Singh was not produced by the plaintiff before the trial Court.