SEWA KAUR Vs. MOHAN SINGH

JUDGEMENT

(1.) Plaintiff-Appellant is in the Regular Second Appeal against the judgment passed by the learned First Appellate Court dismissing her suit for declaration that she is joint owner in possession of land measuring 17 kanals and 10 marlas.

(2.) Dispute in the present case is with regard to the estate of Kartar Singh who is alleged to have executed the testament in favour of his two sons namely Mohan Singh and Kabul Singh on 10/9/1970. The plaintiff-appellant is daughter of Kartar Singh. She filed the suit after a period of approximately 25 years when succession opened. Kartar Singh is stated to have died in the year 1970 itself.

(3.) Both the Courts have recorded a finding that the Will has been proved in accordance with Sec. 68 of the Indian Evidence Act, 1872 as attesting witness-Bishan Singh has been examined as DW1. However, the trial Court decreed the suit finding that the Will is surrounded by suspicious circumstances. The First Appellate Court on re-appreciation of the evidence have found otherwise. The suspicious circumstances as noticed by the trial Court are as under:-