KESAR SINGH Vs. KARTAR KAUR

JUDGEMENT

(1.) This regular second appeal has been filed by the plaintiffs whose suit for joint possession has been dismissed by both the courts. The appellants founded their claim on the allegation that deceased Jeet Singh, who was a step-brother of their father Gajjan Singh, had allegedly executed a will in their favour on 4.1.1984, namely, before his death on 8.2.1984. It was averred by them that Jeet Singh had married with one Banti and used to live separately from his mother and brothers. According to the appellants, Banti had abandoned Jeet Singh, who had started living with someone else, and thereafter it was the appellants and their father Gajjan Singh who looked after Jeet Singh and also got him treated from a doctor during his prolonged illness.

(2.) The suit was contested by none else than the mother and brothers of deceased Jeet Singh. They denied the factum of alleged marriage of Jeet Singh and also disputed the fact that the appellants ever served Jeet Singh and got him treated from a doctor.

(3.) On a consideration of the evidence led by the parties, both the courts have held that:- (i) marriage of Jeet Singh with Banti is not proved; (ii) the mutation No.173, Ex.PC, does not record that Jeet Singh was married; (iii) it stands proved that Jeet Singh used to reside with his mother and brothers; (iv) no evidence has been led by the appellants to show that they ever served Jeet Singh during the period of his alleged ailment; (v) no doctor from whom Jeet Singh was allegedly got treated, has been produced in the witness box; (vi) the alleged will is an unregistered document; (vii) the witness to the will are not of the testator's confidence and are the appellants' own persons; (viii) their oral version does not inspire confidence. All the above drawn conclusions are pure findings of fact giving rise to no substantial question of law. Dismissed.