UTTAM SINGH Vs. BUR SINGH

JUDGEMENT

(1.) THE main question in this appeal is as to the validity of the will of one Shib Singh, who was a Hindu Jat, residing at Garhdiwala in the district of Hoshiarpur in the Punjab.

(2.) THERE is a further point as to whether a portion of the land comprised in the will is ancestral property or not. That question is substantially one of fact. Both the Courts below are agreed in finding that the property in dispute was acquired, and no reason has been shewn to their Lordships which would justify them in coming to a different conclusion.

(3.) NONE of the judges had the advantage of seeing the witnesses, as the evidence was taken wholly on deposition before the trial. There was very little conflict of evidence on the particular facts alleged, so far as those facts were material to the making of the will or the condition of the testator, and the only question for the Courts was whether, on such facts, the charges of testamentary incapacity arid undue influence had been established.