Punjab-Haryana High Court
Smt. Harbans Kaur And Another vs Surjan Singh on 26 August, 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No. 3862 of 2008 Date of Decision: 26.8.2009
Smt. Harbans Kaur and another ……Appellants
Versus
Surjan Singh ……Respondent
CORAM: HON’BLE MR. JUSTICE HEMANT GUPTA.
Bahal Singh died on 10.8.1987. To prove the Will dated 4.6.1987, the plaintiffs have examined Bachan Singh, the attesting witness of the Will. PW2 is the scribe of the Will. Though the plaintiffs have examined Handwriting Expert as PW5, but his report is restricted in respect of the Will dated 17.6.1981 (Exhibit P.1) and Will dated 9.4.1986 (Exhibit D.1). On the other hand, the Will dated 9.4.1986 Exhibit D.1 is proved by examining Ramesh Kumar Chawla, document writer. PW2 Pritam Singh is the attesting witness, whereas DW5 Anil Kumar Gupta, compared thumb impressions of Bahal SiThus, there is only report of DW5-Anil Kumar Gupta, to the effect that Will dated 4.6.1987 is not proved to be executed. The finding recorded by the Courts below that the Will dated 4.6.1987 is not proved, is a finding of fact. It could not be pointed out that any evidence has been misread or not taken into consideration.
Consequently, I do not find any patent illegality or material irregularity in the finding recorded or that the finding recorded gives rise to any substantial question of law in the present second appeal.
Hence, the present appeal is dismissed.