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1996 Supreme(SC) 2118

G.T.NANAVATI, K.RAMASWAMY
Major Singh – Appellant
Versus
Rattan Singh – Respondent


ORDER

This appeal by special leave arises from the judgment of the learned single Judge of the Punjab & Haryana High Court, Chandigarh, made on July 11, 1985 in SA No. 2830/80.

2. The admitted facts are that the respondents Rattan Singh & Daulat Singh were brothers. Daulat Singh had executed a Will on January 11, 1974 under Ex.PA bequeathing his property to Rattan Singh who died on January 19, 1974. It would appear that the appellant is a predecessor-in-title of his sister, Dayal Kaur. Rattan Singh & Daulat Singh had three sisters by name Rallo, Dayal Kaur and Inder Kaur. Dayal Kaur got mutated the properties to the extent of 1/3rd share to each of the sister in the mutation proceedings. Subsequently, the respondents filed a suit for declaration on the basis of the Will. The trial Court dismissed the suit. On appeal, it was confirmed. As stated earlier, in the second appeal, the High Court allowed the appeal and decreed the suit as prayed for. Thus this appeal by special leave.

3. Learned counsel for the appellant has contended that the High Court could not interfere under Section 100, CPC since the suspicious features of the Will are questions of facts. The trial Court and the appell



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