JANG SINGH Vs. JEETO

JUDGEMENT

(1.) THIS is defendant's regular second appeal against the judgment and decree of the Additional District Judge whereby the appeal was accepted and so the decree of the trial Court was set aside, thus decreeing the claim set up by the plaintiffs.

(2.) ACCORDING to the appellant Smt. Baryami executed a Will dated 23.6.1983 in favour of Sham Singh, predecessor-in-interest of the present appellant and bequeathed her property divesting her daughters-plaintiffs and Smt. Bachni of their right to inherit. Will has been duly proved as per statement of the scribe and the attesting witnesses. Reasons have been assigned for excluding the daughters from inheritance. This way, the Court below has erred in law in reversing the decision of the trial Court and decreeing the suit filed by the plaintiffs.

(3.) TODAY , copy of the Will has been shown to me by the counsel representing the respondents. A mere look at the document by itself is sufficient to hold that the same has been executed in suspicious circumstances. It is well settled that in case the Court comes to the conclusion that the Will is surrounded by suspicious circumstances, such a document is to be excluded. This conclusion is borne out on the basis of document Exhibit D1. Thus, I find no merit in the appeal and dismiss the same.