HARJIT KAUR Vs. HARDEV SINGH

JUDGEMENT

(1.) The present Regular Second Appeal (hereinafter referred to as "RSA") has been preferred against the concurrent judgments and decrees passed by the Courts below, whereby the suit instituted by the appellant-plaintiff seeking declaration and claim to a share in the estate of late Satnam Singh was dismissed.

(2.) The appellant instituted a suit for declaration asserting that her husband, Satnam Singh, had died intestate and that the Will dtd. 17/10/2007, as well as the mutation sanctioned on the basis thereof, were illegal, null and void. It was specifically pleaded that Satnam Singh had not executed any valid Will in favour of defendant Nos.1 to 3.

(3.) The suit was contested by defendant No.2, who maintained that the Will in question had been duly and validly executed by Satnam Singh and that the mutation had been rightly sanctioned. Upon the parties being put to trial and after appreciation of the evidence adduced, the learned Civil Judge dismissed the suit, upholding the validity of the Will and the consequential mutation in favour of defendant Nos.1 to 3. The appeal preferred thereagainst was also dismissed by the learned First Appellate Court, affirming the findings of the Trial Court.