GATTU DEVI Vs. LADU NARAIN

JUDGEMENT

(1.) IN this appeal under Section 96 of the Code of Civil Procedure, against the judgment and decree dated 21. 09. 1981, passed by the learned Additional District Judge No. 1, Jaipur City, Jaipur, in Civil Suit No. 42/79 (97/75), the only question raised and which requires decision is as to whether the appellant-plaintiff had been able to prove that the document (Ex. 1) was executed by Sardar Shri Gurudutt Singh (Shri Singh) and was his last will and testament.

(2.) THE brief facts giving rise to the controversy are as under : -

(3.) PW 6 Ahmed Ali has deposed in his examination-in-chief that he had seen Shri Singh writing and signing on various occasions. He identified Shri Singh's writing in portion C to D in Urdu Language, in Exhibit-1, but, he did not know in whose hand was the writing in portion E to F. In his crossexamination, he stated that he could not read the contents of portion C to D in Exhibit- 1, and that he could not identify the signatures of Shri Singh in English Language. In further cross-examination, he stated that Shri Singh used to writ poems, and he had seen his writing in such poem of any poems only, but, could not give any particulars of any poem, written by Shri Singh Exhibit-1 is in Urdu Language, and is quite legible, and the statement in cross-examination of this witness that he could not read it, shows that he was not conversant with the language itself, and further that he too had appeared in the court, to oblige the appellant-plaintiff, without actually being in a position to identify the signatures and writing of Shri Singh.