NANDO Vs. SHER SINGH

JUDGEMENT

(1.) THE defendant is in second appeal aggrieved against the judgment and decree passed by the Courts below hereby a suit for declaration that the plaintiff is owner in possession of suit property by virtue of Will date 4.7.1981 executed by Juglal was decreed.

(2.) JUGLAL was the owner of certain land situated within the revenue estate of village Dighawa Jattan and Mohmad Nagar, Teshil Lobara, District Bhiwani, Said Juglal died in 1995. The plaintiff relies upon registered Will dated 4.7.1981. The challenge in the suit was to the mutation sanctioned in favour of defendant -appellant on the basis of her being his legally wedded wife. It is the case of the defendant -appellant that she was married to Udmi, brother of Juglal, but after the death of Udmi, she contracted Kareva marriage with Juglal.

(3.) IT has also been found that Will dated 4.7.1981, Exhibit P1, is proved to be executed by the testimony of PW9 Amar Singh and scribe PW6 Chandersain. Shri Hardul Singh, the then Registrar, Loharu, who has registered the Will, has also been examined as PW8, and, thus, a finding was returned that the plaintiff is able to prove the due execution of the Will and that he is a legatee.