TANJIN GIALCHHEN Vs. SONAM DEVA

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 1.7.2000 passed by the Learned District Judge, Kinnaur Civil Division at Rampur Bushahr in Civil Appeal No. 42 of 1998 whereby he allowed the appeal filed by the Respondents (hereinafter referred to as the 'defendants ') and set aside the judgment and decree dated 10.9.1998 passed by the Learned Senior Sub Judge, Kinnaur at Reckong Peo in Civil Suit No. 4 -1 of 1995 decreeing the suit of the Plaintiff.

(2.) BRIEFLY stated the facts of the case are that the Plaintiff filed a suit in which his only prayer was that he and proforma Defendants No. 4 and 5 alone are entitled to the land belonging to their father, Sh. Bhagat Sain and the Defendants have no right, title or interest in the suit land.

(3.) THE question as to whether a Will has been legally proved or not is not a question of law but a pure question of fact and in my view, no question of law much less a substantial question of law arises in this case. However, to satisfy the conscience of this Court and at the instance of the Learned Counsel for the Appellant, I have gone through the evidence and the Will itself.