Valmiki J. Mehta, J.

1. This first appeal is filed under Section 299 of the Indian Succession Act, 1925 by the objector Narender Singh Chawla @ Narain Singh Chawla against the impugned judgment of the probate court dated 16.5.2006 which has allowed the probate petition filed by the respondent nos. 2 and 3 herein. By the impugned judgment dated 16.5.2006, respondent nos. 1 and 2/petitioners have been granted a probate with respect to the Will dated 30.10.1982 executed by the father of the respondent no.2 and the father-in-law of respondent no.3 namely one Sh. Sardar Singh. Sh. Sardar Singh had a half undivided share in the property bearing no. 5/48, WEA, Karol Bagh, New Delhi and which was bequeathed by the subject Will dated 30.10.1982 in favour of the petitioners. Late Sh. Sardar Singh expired on 7.8.1989 at Bangkok. The subject Will which is dated 30.10.1982, was registered on the date of execution with the sub-Registrar, Delhi.

2. Objections to the probate petition were filed by the appellant herein and the respondent no.5-Sh. Tarjit Singh Chawla. The basic objection raised by the appellant was that the Will relied upon by the petitioners/respondent nos. 2 and 3, dated 30.10.1982, was superseded by the subsequent Will dated 6.11.1987 executed by the father Sh. Sardar Singh.

3. Before the probate court below, the petitioners/respondent nos. 1 and 2 proved the execution and registration of the Will. Registration was proved through the witness PW-1 who was an LDC from the office of the sub-Registrar. PW-2 Sh. Inder Singh was the attesting witness to the Will and he proved the Will dated 30.10.1982 as Ex.PW2/1 after depositing with regard to the due execution and attestation of the Will as required by law.

4. PW-3 was the respondent no.2 and he deposed with regard to sound disposing mind of his father and also of the father having executed and registered the Will dated 30.10.1982 and that this Will was given to the respondent no.2 by the father in the beginning of the year 1988.

5. As regards the proof of the Will, the probate court has held the Will to be proved by making the relevant observations in paras 11 and 12 of the impugned judgment which read as under:-

“11. Before proceeding further, I would like to analyse the evidence of the petitioners to find out if they have been able to prove the due execution of Will dated 30.10.1982. As stated above, PW-2 Sh. Inder Singh is the attesting witness of the Will dated 30.10.1982. PW-2 Inder Singh has deposed that Sardar Singh had executed the Will in favour of Kirpal Singh and Kuldeep Kaur. He identified the signatures of Sh. Sardar Singh at point A on the original Will exbt. PW2/1. He also identified the signatures of Sh. G.R.Malik and Sh. Joginder Pal advocate at points C and D on the Will. He also deposed that he had gone to the office of Sub Registrar at Asaf Ali Road. He identified his signatures on the back side of the Will at point E and that of Sardar Singh at point F. He stated that Sardar Singh had signed at point A & F in his presence in the office of Sub Registrar. He further stated that Sardar Singh was in sound disposing mind at the time of execution of the Will and had not executed the Will under any pressure, coercion or inducement. In cross examination, he has stated that Sardar Singh had signed at point A while sitting in the office of Sub Registrar and then he had also signed in the presence of Sub Registrar at point F. He further stated in cross examination that other witnesses had also signed in his presence. He denied the suggestion that he had not signed in the presence of Sardar Singh or that Sardar Singh had not signed in his presence. About his acquaintance with the testator, he stated that he knew Sardar Singh since the year 1964 as he belonged to Village Jokhian, which was near to his village. Regarding the physical and mental condition of the testator, it has come in the cross examination of OW-1 Sardar Narain Singh that physical and mental