Punjab-Haryana High Court
Harbans Kaur And Anr vs Atma Singh And Ors on 28 October, 2014
In the High Court of Punjab and Haryana at Chandigarh
R.S.A.No.2670 of 2012 Date of decision: 28.10.2014
Harbans Kaur and another ……Appellants
Versus
Atma Singh and others …….Respondents
CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH
P-5 Anil Kumar Gupta, handwriting and finger print expert also deposed in confirmation of due execution of Will as the disputed thumb impressions marked Q-1 to Q-3 were found identical with thumb impressions of Bhag Singh marked S-1 and S-2 being affixed by one and the same person. Similarly, he has also given the information that the disputed thumb impression mark S-1 and standard thumb impressions of Hazara Singh mark H-1 and H-2 are proved to be affixed by one and the same person. The witness has also given an information that the disputed signatures mark D-1 and D-2 and standard signatures of Jarnail Singh mark A-1 to A-3 are also similar in their writing characteristics and have been written by ANITA DEVI one and the same person.
Since the plaintiff is not found to be in possession though, he has been declared to be owner as such, therefore, the plaintiff is held entitled to possession qua his share in the capacity of co-sharer and the defendants have been rightly restrained from creating any charge over the property in any manner. Consequently, the appeal filed by the appellant is found to be meritless. No substantial question of law is involved for consideration of this Court. The appeal is, consequently, dismissed.
(RAJ MOHAN SINGH) JUDGE October 28, 2014 anita ANITA DEVI 2014.11.19 11:05 I attest to the accuracy and integrity of this document Chandigarh