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2008 Supreme(SC) 738

V.S.SIRPURKAR, S.B.SINHA
Babu Singh – Appellant
Versus
Ram Sahai @ Ram Singh – Respondent


Judgement Key Points

This case involves a dispute over the validity of a will and the proper procedure for its proof. The petitioner challenged the execution and attestation of the will, asserting that it was not properly proved according to the legal requirements. The court examined whether the will was executed with the necessary formalities, including proper attestation by witnesses, and whether the evidence presented was sufficient to establish its genuineness. A key issue was the applicability of Section 69 of the Evidence Act, which pertains to proving the handwriting of witnesses when attesting witnesses are unavailable, and whether statements made through counsel could substitute for direct evidence. The court ultimately found that the will was not sufficiently proved due to the absence of proper attesting witnesses and the lack of direct evidence, especially considering that some witnesses were either dead or untraceable, and that statements through counsel cannot replace the testimony of witnesses in court. The judgment emphasized that proof of execution and attestation must adhere to statutory requirements, and that suspicious circumstances surrounding the will require thorough examination. Consequently, the court set aside the previous judgments and allowed the appeal, holding that the procedural and evidentiary standards for proving a will had not been met in this case.


JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Interpretation of Section 69 of the Evidence Act, 1872 is in question in this appeal which arises out of a judgment and order dated 11.11.2005 passed by the High Court of Punjab & Haryana.

3. One Ram Bux executed a Will dated 25.9.1981 in favour of the respondent herein bequeathing his right, title and interest in the property in question.

Appellants claimed themselves to be the owner and in possession of the suit property which is a shop, as a co-sharer to the extent of 6 marlas out of the land measuring 3 kanal and one marla appertaining to Khasra No.53 situated in the area of Chhoti Haveli, Tehsil and District Ropar.

4. Learned Trial Court, inter alia, raised the following issues :

“1. Whether the plaintiff is owner of the suit property? OPP

2. Whether the Plaintiffs are entitled to the possession of the shop in question? OPP

XXX XXX XXX

6. Whether the defendants are entitled to the counter claim to the effect that they are owner of the shop in question and co-sharer to the extent of 0-6 marlas of the land fully detailed in the counter claim? OPD”

We need not go into other issues between the parties.

5. The learned T































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