TARA SINGH Vs. SMT. SHANTI AND OTHERS

JUDGEMENT

(1.) THE Appellant has challenged the judgment and decree of the lower appellate Court dated May 2, 1978, dismissing the suit of the Plaintiff Tara Singh, in this appeal.

(2.) BRIEFLY , the dispute revolves around the suspicious circumstances surrounding the Will of deceased Shrimati Lachhmi, who had three daughters. The beneficiary is none else than the grand -son of the husband's elder brother of the deceased. The Will was executed on June 4, 1967. Sadhu Singh P.W.2 and Dhoor Singh P.W.3 have attested the said Will. The Plaintiff sought a declaration with respect of the ownership of the land in dispute on account of the will having been executed by Shrimati Lachhmi in his favour.

(3.) THE lower appellate Court, on appeal by the contesting Defendants, reversed the findings of the trial court, and held the Will to be surrounded by suspicious circumstances. It was to be an unnatural disposition of the property depriving the real daughters, bequeathing the property to a stranger, and attested by witnesses who did not belong to the village of the deceased. The suspicions had not been removed by any cogent evidence. The appellate court declined to uphold the Will.