Vijender Jain, J. (Oral)

( 1 ) SADA Nand Mittra and Laxmi Devi tiled a petition under Section 276 of Indian successfpp Act, 1925 for the grant of Probate to them of a registered Will dated 2nd may, 1977 excpuled by their deceased mother Chhinko Bai who expired on 5th May, , 1986. Chhinko Bai was survived by her three sons and two daughters. Arjan Dev Miltra filed objections against fhe said Will before the Trial Court. Trial Court framed an issue to tte following prfecf:- "whether Smt. Chhinko Bai executed a valid Will dated 2nd May, 1977 while in sound disposing mind ?" the above issue was decided in favour of the respondents. Aggrieved by the impugned order, the present appeal has been preferred by said arjan Rev Mittra.

( 2 ) MR, Aman Lekhi, learned counsel for the appellant has contended that Ex. PW 2/1 i,6, Will dated 2nd May, 1977, in view of two different inks having been used on the same Will ereate suspicion regarding 4s genuineness. He has contended that report of the hand-wrttlbg expert that the ink was different at point 04 and 05 of Ex. PW2/1, the trial Court ought to have given weightage to the testimony of band-writing PWtan (1could not have brushed aside the objectio

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