B.P.JEEVAN REDDY, R.M.SAHAI, S.P.BHARUCHA
Kehar Singh – Appellant
Versus
Malkiat Singh – Respondent
(1) THIS is an appeal by grant of special leave petition by transferees of the land in dispute from one Kehar Singh who is said to have been the owner of it as a will was executed in his favour by one Bachna Singh, the admitted owner of the property. All the three courts including have held against the appellant. It has been found that Bachna had executed a registered will in favour of plaintiff which was genuine, therefore, he was entitled to a decree for possession.
(2) IT is urged that Bachna Singh having executed a subsequent registered will in favour of the appellant the earlier will in law stood revoked even in absence of any recital to that effect in the will itself. This argument cannot be accepted in view of the findings of fact recorded by all the courts that the will in favour of the appellant was not genuine. Reliance is placed on Ex. D-3, the power of attorney, executed by Bachna Singh in favour of the appellant on the day the will is said to have been executed and it is urged that since the right to sell the property in dispute was given to the appellant, an inference should be drawn against the existence of any earlier will. Although Ex. D-3 does not a
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