KRISHAN KUMAR Vs. PAL SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 7.5.1988 passed by the learned Rent Controller, Ludhiana. The respondent has been allowed to lead secondary evidence of a Will dated 15.9.1981.

(2.) THE learned counsel for the petitioner submits that the Rent Controller has wrongly held that the existence of the Will in dispute has been proved by production of its photostat copy by the respondent on the file. It could not be disputed by the learned counsel for the respondent that this assumption was not based on any cogent evidence on the record.

(3.) I therefore, allow this revision without any order as to costs, set aside the order dated 7.5.1988 passed by the learned trial Court. It is however, made clear that it shall be opened to the respondent to lead evidence to prove the existence of the original Will and the trial Court shall afford him an opportunity to do so. It is only if the existence of the original Will is proved that the learned trial Court shall allow the respondent to lead secondary evidence of the said Will.