Valmiki J. Mehta, J. (Oral)

1. This first appeal is filed impugning the judgment of the probate court dated 24.8.2002 by which the probate petition filed by the petitioner has been dismissed. Petitioner/appellant/Sh. Rohtas Singh is one of the sons of the deceased testator Sh. Than Singh, and he seeks probate of the Will dated 6.10.1989 of his father who died at Delhi on 15.1.1991.

2. Before the probate court, the appellant/petitioner proved the Will dated 6.10.1989 of late Sh. Than Singh testator as Ex.P1 as per the testimonies of both the attesting witnesses. Both these attesting witnesses deposed to the due execution and attestation of the Will. Both the attesting witnesses to the Will namely Sh. Devender Kumar Sharma, Advocate (PW- 1) and Sh. Naresh Kumar Verma (PW-2) were cross-examined. Nothing material was elicited in the cross-examination as regards the execution and attesting of the Will as also the mental soundness of the deceased testator to execute the Will. Witness from the office of the sub Registrar also appeared as PW-3, and he proved the registration of the Will as document no.3408 in Book no.3, Volume 1017 at pages 128 to 133 on 6.10.1989. PW-5 Ravi Kumar