BUR SINGH Vs. UTTAM 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 shown to their Lordships which would justify them in coming to a different conclusion.

(3.) Shib Singh fell seriously ill in May 1898. The will in dispute was made by him on the 11 June 1898 and he died on the 23 of the same month. It is alleged by the respondents in their plaint that the will was executed when he was seriously ill, weak--really at death's door--and not in possession of his right senses and intellectual powers, and was under the undue influence of Jawala Singh, father of the defendants, Harbans Singh and Bur Singh."