NIRMAL SINGH Vs. PARGAN AND ORS.

JUDGEMENT

(1.) THIS second appeal has been filed by the plaintiff and defendant No. 10 against decree of the lower appellate court dismissing the suit, reversing the decree of the trial court by which the suit was decreed.

(2.) THE suit of the plaintiff was for declaration of title to be heir of Ram Singh on the basis of Will dated 25.9.1972 Ex. P1 in favour of plaintiff and his brothers i.e. defendant Nos. 10 and 11. According to the plaintiff, the contesting defendants wrongly denied the Will and the revenue authorities had wrongly recorded mutation No. 1612 dated 12.6.1976 in favour of the defendants. Ram Singh died on 27.9.1975. It was pleaded that original Will was lost and defendants had wrongly set up claim of being heirs of Ram Singh. Plaintiff was settled in England and he learnt facts on visit to India in 1979.

(3.) THE trial court decided issue No. 2 in favour of plaintiff and decreed the suit. Evidence led by the plaintiff mainly comprised of Tarlochan Singh PW1, attesting witness, Joginder Singh, Registration Clerk, Office of the Sub Registrar PW2, Bikramjit Singh, the then Sub Registrar PW3, Sudershan Singh, Draftsman PW4, Sohan Singh PW5, Lashkar Singh PW6, Jiwan Singh PW7 and handwriting expert PS Ahuja PW8. The trial court, inter -alia, observed that thumb impression of Ram Singh in the register of the Scribe at point Ex.DX was interpolated and there was a small hole in the paper of the register for which adverse inference had to be drawn against the defendants. The Will was held to have been duly executed in view of evidence of the plaintiff including that of Tarlochan Singh PW1, attesting witness and Sub Registrar Bikramjit Singh PW3.